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DMV Hearings

When you were arrested, you either took a breath test to determine your Blood Alcohol Content (BAC) or you refused. If your breath test reading was a .08 BAC or above or you refused to submit to a breath or blood test, YOUR LICENSE WILL BE SUSPENDED IF YOU DO NOT REQUEST A DMV HEARING WITHIN 10 DAYS OF YOUR ARREST. This is an administrative sanction imposed by the Department of Motor Vehicles under the Implied Consent Law. It is important to understand that the administrative consequences to a DUII arrest are completely separate from the criminal case. Imagine train tracks running parallel to one another without ever intersecting. You can lose your license through the administrative process, the criminal process, or both.

The length of the administrative suspension you are facing varies. Your suspension will be longer for refusing to take a breath or urine test than if you took the test and your BAC exceeded the legal limit. Suspension lengths are also increased if within five (5) years before your arrest you either participated in diversion or a similar drug/alcohol program, were previously suspended under the Implied Consent law or were convicted of a DUII. If any of those factors apply, you are subject to an increased suspension. The following table outlines the suspension periods imposed under the Implied Consent law.

For a DMV suspension to be sustained by an Administrative Law Judge, police officers must follow specific procedures. To protect your license you will need someone who understands the issues to represent you at the DMV hearing. Contact the law office of Jill Petty today to request a DMV hearing for you before it is too late.

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1001 SW 5th Ave
Suite 1520
Portland, Oregon 97204