Скачать или смотреть Portland DUI Attorney FAQ - What does Implied Consent mean in Oregon DUI Law?

Oregon drivers are bound by the Implied Consent Law. Implied consent means that by driving a motor vehicle in Oregon, you have implied that you will consent to a breath, blood, or urine test if a police officer asks you to take a test. This request usually happens after you have been arrested for a DUI (also referred to as a DUII or DWI). The law is designed to use force or intimidation to gain compliance. A person fails a test if their blood alcohol is .08 percent or more. If a person is under 21, that person will fail if it is shown that they have any amount of alcohol in the blood.

It is important to know that after a DUII arrest, there are now potentially 2 separate entities that have an effect on a person's driving privileges. The first is the Department of Motor Vehicles (the "DMV") and the second is the court system. The DMV, after receiving notice that a person has either failed or refused a breath, blood, or urine test can suspend a license anywhere from 90 days to a number of years. This is a suspension that is entirely separate and independent from whatever will happen with a court case that involves the same incident.

The only way to avoid a Implied Consent license suspension through the DMV is to prevail at a DMV hearing.

On the back of the Implied Consent Combined Report (ICCR) that the officer should have given you after your arrest for a DUII (the long yellow piece of paper that may also be your temporary driver's license), are instructions for how to request a DMV hearing. You only have until 5 PM the 10th day from your arrest to request a hearing for failure of a breath test or for refusing a breath, blood, or urine test. If you fail a blood test, you will receive information in the mail on how to request a hearing. The request for a hearing must be in writing.

This suspension is independent from any suspension of your driver's license that might occur as ordered by a Judge in your criminal case. An administrative law judge oversees the hearing and the officer or officers you encountered the night of your arrest testify. An attorney can appear on your behalf at the hearing. Your license suspension will be upheld if the Department of Motor Vehicles can prove certain elements under Oregon law with substantial evidence.

You may think the officer did everything correctly--but you don't know until you have a hearing. The officer you interacted that night will be questioned specifically about whether they followed the law during the arrest. Sometimes officers do not follow the law as they should or did not follow the rules regarding the administration of the breath test.
There is no downside to requesting a hearing--you will not be penalized nor will your suspension be longer because you request a hearing.
We generally tell clients that there is about a 20 percent chance of winning a DMV hearing - not the greatest of odds, but much better than no odds at all.
DMV hearings are very valuable trial preparation. Your attorney will be able to cross examine the officer, and use the transcript from the hearing at trial to impeach the officer's testimony. As well the strengths and weaknesses of your case come through after your attorney has the opportunity to examine an officer at a DMV hearing.

It is important to know that after a DUII arrest, there are now potentially 2 separate entities that have an effect on a person's driving privileges. The first is the Department of Motor Vehicles (the "DMV") and the second is the court system. The DMV, after receiving notice that a person has either failed or refused a breath, blood, or urine test can suspend a license anywhere from 90 days to a number of years.


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