Implied Consent DMV Hearings
You gave your consent to provide a breath sample when you received your driver’s license. Your consent is “implied.” If you refuse, you face a minimum one (1) year driver’s license suspension as a penalty for your refusal.
A breath test of .08 BAC or above carries a minimum 90-day driver’s license suspension.
In some cases, you might be asked to provide a urine sample in addition to a breath test. This happens when the police suspect you are under the influence of marijuana or other drugs and your breath test was under the legal limit for alcohol. Under Oregon’s Implied Consent Law, you are required to provide a urine sample under these circumstances and a refusal of a urine test would result in the imposition of a minimum one (1) year driver’s license suspension.
Drivers who have either been convicted of a DUI, participated in diversion, or had their license suspended through DMV’s Implied Consent law within five (5) years of their arrest face enhanced or longer suspensions.
Implied Consent suspensions are administrative suspensions brought by DMV. Implied Consent suspensions are separate from the criminal matter against you in Circuit Court.
TO PROTECT YOUR LICENSE, YOU MUST REQUEST A HEARING WITHIN TEN (10) DAYS OF YOUR ARREST OR THIS SUSPENSION WILL AUTOMATICALLY GO INTO EFFECT ON THE 30TH DAY FOLLOWING YOUR ARREST.
Challenging a proposed driver’s license suspension requires an attorney who specializes in Oregon’s Implied Consent Law. There are specific procedures the police must follow for a valid license suspension under the Implied Consent Law. I know the legal challenges to a proposed suspension. Let me help you save your license.