What is an Implied Consent Hearing/DMV Hearing?
If you’ve been arrested for a DUI, it’s important to understand what an implied consent hearing is. Under Oregon law, two processes move forward in parallel after an arrest for a DUI. Most people are familiar with the fact that criminal charges will likely be brought against the accused.
However, there is a second process, known as the implied consent process, also known as the DMV hearing process.
Oregon’s Implied Consent Law
What you may not know is that your driving privileges can be affected not only by the court system but also by the Department of Motor Vehicles (DMV). Once the DMV becomes aware that you’ve refused to take or failed a breathalyzer test, or any other type of substance use test for that matter, your license may be suspended.
The suspension can last as little as three months or up to 3 years. This process is entirely separate from the court hearing, so even if your charges are dropped in court, the DMV can still suspend your license.
This is possible due to Oregon’s “implied consent law.” Under implied consent law, by driving a vehicle in the state of Oregon, you have given your “implied consent” to be tested for substances via a breath test, blood test, or other test approved by the state of Oregon, upon the request of law enforcement.
Drivers 21 and up must not have a blood alcohol of level higher than .08. Under 21, drivers will have their license suspended for the presence of any alcohol in their system whatsoever, no matter how low the amount.