Driving under the influence of drugs or alcohol is a mistake that many Oregonians make each year. This mistake can have long lasting consequences if the legal case is not handled correctly. People may only think about the criminal side of the case in this situation. They may be worried about fines, jail time and the possibility of an ignition interlock device in these situations.
However, people should know there is also an administrative side of DUI cases. It's this side that will determine if people lose their drivers' license following a DUI arrest. In order to determine if a suspension is valid an implied consent hearing may be necessary. Without a hearing, a drivers' license suspension may be enforced.
According to the Oregon Department of Transportation, an implied consent hearing occurs in a number of situations. It can occur when a person has refused to take a blood alcohol content level test -- such a urine, blood or breath test -- when a person fails a blood test or when a person fails a breath test. These hearing are done by an Administrative Law judge in the Office of Administrative Hearings. In this hearing, the administrative judge will determine if a drivers' licenses suspension is valid under applicable laws.
However, these hearing are not automatic. Those accused of DUI or breath test refusal must request a hearing with the DMV. At the hearing, these people must present evidence about why they believe the suspension should not be valid. If the request is not made within the required time, then the DMV does not have to offer the hearing. In general, people have 10 days for the DMV to receive a hearing request.
Since a drivers' license is often so important, people need to act fast to protect their right to drive. An attorney -- and not this blog post -- can provide specific legal advice about an implied consent hearing and other aspects of a DUI case.
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