What Is an Implied Consent Hearing?

In Oregon, We Have What’s Called an Implied Consent Law

The Implied Consent Law states that when you drive a vehicle in Oregon you implicitly consent to a breath, blood, or urine test if requested by an officer. If you provide a breath test sample and the result is .08 or greater, there is an associated license suspension. If you refuse a breath test, a greater license suspension is associated. The length of the license suspension is affected by your history of DUI and can be found in this guide for license suspension time period for failing or refusing a breath, blood or urine test.

Your Right to a Hearing

If you do blow over the legal limit or refuse to provide a sample, you have the right to a hearing to contest the suspension of your driving privileges. You have only 10 days from the date of arrest to request this hearing. A hearing then must be scheduled by the DMV and can be in person or telephonic, depending upon your request. An administrative law judge must conduct the hearing and make a ruling within 30 days of the date of your arrest. You can request this hearing through a fax, letter to the DMV, or online. The easiest way to request a hearing is online and the form for requesting this hearing can be found by clicking on the following link for or DMV Implied Consent Hearing Request.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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