There are so many things set in motion when you get arrested for a DUI in the State of Oregon, this is why it is important to get legal representation as soon as possible so you don’t miss any deadlines.
What is a DMV Hearing?
A DMV Hearing, also called an Implied Consent Hearing, can determine if you will be able to continue to drive legally in Oregon. This is an administrative hearing before an administrative law judge to determine whether your license is suspended by the DMV or if you have the right to keep your driving privileges. This hearing is separate from your criminal DUI hearing.
In most cases, you MUST request the hearing within 10 days of your arrest. You can request this hearing to be held in person or over the phone.
What happens at the DMV Hearing?
You have the right to attend the Impaired Consent hearing or have your lawyer go as your representative. I do NOT recommend that my clients testify at these hearings as it is sworn testimony that may impact their trial of the criminal charges. These hearings generally last for about an hour and the arresting officer is questioned over the legality of their investigation and all the details associated with why the believe that you were driving under the influence.
The arresting officer will be under oath answering questions about the reason for being pulled over, if they suspected DUI, whether your arrest was lawful, and if you were read your rights, etc.
You may even have witnesses testify at this hearing on your behalf.
Winning a DMV Hearing
The first step to winning an Implied Consent Hearing is to consult and hire a professional DUI Lawyer to work on your behalf.
An experienced lawyer will know the timeline you must adhere to and take the steps to make sure paperwork gets filed on time so you get the opportunity of having a hearing.
At the hearing, your lawyer will be able to understand your case better and be able to find any inconsistencies with the officer, examine the details of the case, and make sure all proper procedures were followed. Anything your lawyer finds missing or improperly handled can be used in your favor (that you may miss if you represent yourself), resulting in a win.
At the end of the hearing if you win you will get your license back immediately and will need to go to the DMV to get your license reinstated, if you lose, your suspension will begin once your 30 day permit expires.