Implied Consent Hearings
Oregon DMV Implied Consent Hearings After a DUII Arrest
Two Processes: Court vs. DMV
In Oregon, a DUII arrest can trigger two separate cases: a criminal court case and an administrative license suspension through the Oregon DMV. The DMV suspension arises under Oregon’s implied consent law, which applies both when a driver refuses a breath test and when a driver submits to a breath test and fails it. Because these suspensions move forward quickly and independently of the criminal case, it is critical to understand how the implied consent process works and, most importantly, the strict 10-day deadline to request a hearing.
Oregon’s Implied Consent Law: Refusals and Failures
Under Oregon law, anyone who drives on Oregon roads is deemed to have given implied consent to submit to chemical testing if lawfully arrested for DUII. The DMV can impose an administrative suspension in two situations:
- Breath Test Refusal: When a driver refuses to submit to a breath, blood, or urine test after being properly advised of the consequences.
- Breath Test Failure: When a driver submits to a breath test, the driver fails if the result shows a blood alcohol concentration (BAC) at or above the legal limit. The legal limits are (a) .08% for drivers 21 or older, (b) .04% if driving a commercial motor vehicle, or (c) anything over 0.00% if under the age of 21.
In both situations, the DMV’s action is civil and administrative, not criminal, and it proceeds regardless of what happens in court.
DMV License Suspensions for Refusal or Failure
The length of the license suspension under Oregon’s implied consent law depends on whether the person failed a test or refused the test, and also whether they have a prior incident that increases the suspension period. If the person fails a breath test, the license suspension is for 90 days. If the person refuses a breath test, the license suspension for one year.
However, some people may have increased suspension periods. If a person has (A) failed or refused a breath test, blood test, or urine test, or (B) participated in a DUII Diversion program in the last five years, the suspension period increases. If the person refuses the breath test, the suspension increases to three years; if they fail, it increases to one year.
There are some circumstances in which a person with an implied consent license suspension can apply for a hardship permit. Learn about that here.
The 10-Day Deadline to Request a DMV Hearing
After a DUII arrest involving either a failure or refusal of a breath, blood, or urine test, the arrest officer will issue the person a temporary driver’s license and a copy of the Implied Consent Combined Report. This is part of the paperwork you receive before leaving the jail or the police station. From that point, you have only 10 days to request an implied consent hearing, or the license suspension will automatically take effect 30 days after the failed or refused test. Missing the deadline generally means losing the right to challenge the suspension, regardless of the merits of the case.
This deadline is strictly enforced. There are no extensions simply because a person is out of town, looking for a lawyer, or waiting for the court case to move forward. Acting quickly is crucial.
What Happens at an Implied Consent Hearing
An implied consent hearing is an administrative hearing held before an Oregon DMV administrative law judge (ALJ), not a criminal judge. The issues are limited and technical, but they differ slightly depending on whether the case involves a refusal or a failed test.
Common issues addressed at the hearing include:
- Whether the officer had lawful grounds to stop and arrest the driver for DUII.
- Whether the officer properly advised the driver of Oregon’s implied consent warnings.
- In refusal cases, whether the driver actually refused the test.
- In failure cases, whether the breath test was properly administered and produced a valid result.
- Whether all required procedures were followed.
The hearing often includes testimony from the arresting officer, documentary evidence, and sometimes audio or video recordings. A DUII attorney can cross-examine the officer and challenge procedural or legal errors that may invalidate the suspension.
How an Oregon DMV Suspension Affects Out-of-State Drivers
Drivers do not need to hold an Oregon license for the DMV’s implied consent law to apply. If you are arrested for DUII in Oregon with an out-of-state license, Oregon can suspend your privilege to drive in Oregon. While suspensions for convictions (which is part of the court process) will be reported to your home state, an implied consent suspension may be reported to the National Driver Register (NDR). Your home state may rely on that report to suspend, restrict, or deny renewal of your license.
As a result, an Oregon implied consent suspension can affect your ability to drive nationwide, not just within Oregon. For out-of-state drivers, requesting a DMV hearing within the 10-day window is often the only opportunity to prevent broader licensing consequences.
Why Legal Representation Matters
Whether the issue is a refused breath test or a failed breath test, the implied consent hearing may be your best — and sometimes only — chance to protect your driving privileges. Call now to schedule a no-cost phone consultation with our DUII attorneys.
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We can answer questions such as “How long is your license suspended for DUI?” “How do I avoid license suspension after a DUI?” and “Is my license suspended immediately after a DUI?”. You can also find many DUI questions and answers on this website. Important: If you are stopped for any reason and are concerned about a possible DUI charge, you can immediately ask for a lawyer. If you are arrested, you do not have an obligation to talk to the police, and in fact, most people convict themselves when they do talk to the police.