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Oregon license revocation for DUI and breath test refusal

Drivers in Portland are undoubtedly aware that if they are arrested and face charges for driving under the influence of alcohol or drugs they are going to face consequences. One that is often understated in comparison to hefty fines and jail time is the possibility that there will be a driver's license revocation or suspension.

A person who is underage and is charged with an offense linked to alcohol can have driving privileges suspended. At the time of the alleged offense, if the person is between the ages of 13 and 20 and there is a conviction of possessing or using alcohol, the driving privileges will be suspended for one year or until the person is 17 if it is the first offense. For a second or subsequent offense, the license will be suspended for one year until the person turns 18. The driving privileges can be reinstated after 90 days for the first offense and one year for other levels of offense.

An adult who is convicted of DUI with alcohol or drugs will have driving privileges suspended. The license can be suspended for one year, three years or permanently. This is separate from a suspension that can be given for violating the law of implied consent. Implied consent means that law enforcement is allowed to request that a driver submit to a breath, urine or blood test to determine what substances are in the blood and what the blood alcohol content is. Refusing to take the test is a violation and is separate from whether or not the driver was under the influence. Drivers age 21 and over who register 0.08 percent BAC or above will be considered under the influence. Those under 21 are not allowed to have any alcohol in the system.

The law enforcement officer will rescind the license and give a temporary permit that lasts for 30 days. After that, the license will be suspended. A failed breath test will result in a 90 day suspension. Those with prior alcohol-related convictions will have a one year suspension. A breath test refusal will result in a one year suspension. Those with prior convictions will have three year suspension. Given the harsh punishments linked to DUI, those who have been subjected to a DUI arrest should make sure their rights are protected and they have assistance in seeking a license reinstatement with help from an experienced legal professional.

Source: oregon.gov, "Suspensions & Revocations," accessed on Dec. 28, 2015

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