Get your license back

Posted by Peter Carini | Feb 12, 2015 | 0 Comments

If the police kept your driver's license, you were probably given a DMV form, telling you that your license is being suspended because you either failed a chemical test of your breath, urine or blood, or refused to provide a sample of you breath, urine or blood. This “implied consent” suspension is an administrative matter. It is a completely separate matter from the criminal DUII charge that is filed in circuit court.

If you request a hearing within 10 days of the date you were arrested or cited for DUI, an administrative law judge from the Oregon Office of Administrative Hearings will hold a hearing, take evidence and make an order about whether the police and the DMV should win. If you prevail, you will get your license back withour a suspension.

An “implied consent” hearing is like a mini-trial. If the hearing request is made properly the officer should show up with the police reports and video. And, like a trial, a cross-examination takes place. You can prevail at these hearings. Even if you don't prevail at the hearing, you will be better off having done it. Sometimes, a defense lawyer can convince the DA not to file the criminal charges based on the testimony elicited at a DMV hearing.

About the Author

Peter Carini

Criminal Defense trial attorney. DUII law specialist.

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Big grain of salt. Be careful educating yourself from information on web sites. It is all very general, some of it is old and stale, and some is just wrong. Face it. You are going to have to call an attorney. Most good judges will tell you that when you see them in court. So, why not do it now?

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