If you are accused of driving under the influence of intoxicants (DUII or DUI) in Oregon, you are actually facing two separate legal cases. The first is a hearing with the Oregon Department of Motor Vehicles (DMV) to determine whether your driver’s license will be suspended. The second is your criminal case, which will address penalties such as fines, possible jail time, alcohol assessment and treatment, and probation. Your driver’s license can also be suspended at your criminal case.
As your DUI attorney, I will represent you in both your civil case with the DMV and your criminal case. I offer a free initial consultation to answer your questions and put together a game plan for your defense.
What Is the DMV Driver’s License Suspension Hearing?
If you fail a breath test in Oregon, the DMV will suspend your driver’s license for 90 days if this is your first offense. If you refuse to take a Breathalyzer test, your driver’s license will be suspended for one year. You only have 10 days from the date of your arrest to request a DMV hearing on your license suspension. If you fail to request a hearing, your driver’s license will be automatically suspended.
The hearing is a civil proceeding handled by the Oregon DMV and is independent of your criminal DUII or DUI charges. You could win your criminal case and still be subject to suspension of your driver’s license.
As your lawyer, I will represent you during your DMV hearing and put my experience to work to help you protect your driving privileges. The officer who arrested you will be required to come to the court to testify. This is a good opportunity for your lawyer to cross-examine the police officer and uncover issues in the state’s case.
Contact my Oregon law firm to learn more about how a criminal attorney can help after your license suspension.