Drivers who are arrested by police and tested with a blood alcohol level of 0.08 percent or higher, as well as those who refuse a breathalyzer test, face an immediate license suspension.
An individual who has lost his or her license in Oregon should consult a DUI lawyer to help navigate the state’s license reinstatement process.
Here are the steps that need to be taken to reinstate an Oregon driver’s license after a drunk driving conviction.
Request a Hearing
First, the individual can request a hearing to appeal the suspension within ten days of the DUI arrest. It is advisable to arrange to have the DUI lawyer attend this hearing. The hearing must be requested online, in person, by fax or via postal mail.
If a suspension is upheld, a DUI following a failed sobriety test will typically last from 90 days for a first offense and one year for a second offense. For those who receive a charge after refusing a breathalyzer, the penalty can be suspension from one year for a first offense, and three years for a second.
Apply for a Hardship Permit
The DUI lawyer can file a hardship permit application immediately after the first offense and 90 days after the second offense. This must include the required forms as well as a $50 Hardship Permit application fee, a $75 license reinstatement fee, and certificate of liability insurance coverage. Please check with DMV to double check current fees.
It also requires a letter from the employer stating the person’s work schedule and listing any driving requirements of the job, as well as a recommendation from the convicting judge. If the hardship permit is accepted, the vehicle is typically fitted with an ignition interlock device that prevents the vehicle from starting if the driver has an illegal blood-alcohol level. The driver must also visit the Department of Motor Vehicles to receive a restricted license for the term of the suspension. Drivers with this type of permit are only authorized to go to and from work, drive on the job, seek employment and get required medical treatment or take part in an alcohol or drug rehabilitation program.
Wait Out the Suspension
Those concerned about whether they will be able to obtain a hardship permit should consult a DUI lawyer who has experience with the Oregon court system. If a driver does not meet the guidelines for a hardship permit, and following the time of the suspended license, they can pay the $75 license reinstatement fee to have their license returned. Though license suspensions can be lifted for the first two offenses, a third DUI offense comes with permanent license suspension as well as mandatory jail time.