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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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