Courts suspend licenses as criminal penalty
A first DUII conviction can result in a one-year suspension, in addition to any DMV-ordered suspension. The suspension period following subsequent convictions is three years to life.
A conviction for DUI will also result in a a fine and jail time. Penalties are not likely to be materially different, whether you plead guilty or are found guilty by a jury after a trial.
In a criminal proceeding, the prosecutor seeks a conviction and numerous punishments.
DMV suspends licenses through administrative procedures
About administrative penalties: The first likely penalty after an arrest for DUI is an administrative one: DMV suspension of your driver's license. If this is your first offense for DUII, then the suspension can be from 90 days up to three years, depending on the circumstances.
A refusal to submit to a breath, blood or urine test may result in a license suspension of one year under Oregon's implied consent law, and a fine of $650.
You should not assume that the suspension of your driving privileges is automatic. It isn't. You should ask for a DMV license suspension hearing promptly after an arrest or citation for DUI. To contest a license suspension, you must request a hearing within 10 days of your arrest for DUI.
If your license is suspended by DMV, it may be possible to get a hardship permit, which would allow you to drive to and from work until the end of the suspension period. But there is a period of time during the suspension period where a hardship license will not be available, if it is available at all.
You should ask for a DMV license suspension hearing promptly after an arrest or citation for DUI.
To contest a license suspension, you must request a hearing within 10 days of your arrest for DUI.
A breath test failure (.08 percent breath/blood alcohol) will result in a license suspension of 90 days. A refusal to submit to a breath, blood or urine test may result in a license suspension of one year.
Oregon's implied consent law makes it easy for police to file papers with DMV to have your license suspended before your DUI case is ever filed with the court.
The DMV has the authority to suspend your license after a DUI because of Oregon's implied consent law. Simply stated, when you got your driver's license, you agreed that when you drive on the roads of Oregon, you will take a breath, blood, or urine test if a police officer requests it.
Police officers are supposed to make this request only if they have probable cause to believe you are driving under the influence. Still, refusing to take a requested alcohol test has consequences, and, if you're arrested, a refusal to take a test is generally admissible in court.
DMV will suspend your license if it finds you failed or refused a breath, blood or urine test. A breath test failure (over .08 percent BAC) will result in a 90-day suspension. A breath test refusal will result in a suspension of one year.
If there are any alcohol-related entries on your driving record in the past five years, this one-year license suspension jumps to three years.
The penalties for refusing to take a test are substantially more than those for failing one. These are incentives to take the test.
If your license is suspensed by DMV, it may be possible to get a hardship permit, which would allow you to drive to and from work until the end of the suspension period.
You can challenge a suspension by asking for a DMV hearing
You can challenge the administrative license suspension at a hearing before an administrative law judge. Here, instead of appearing in court to argue against a prosecutor, you challenge the request by police that your license be suspended.
If you win the hearing, the suspension will not go into effect. If you lose your hearing, the suspension will take effect.
If you want to challenge your license suspension at an administrative hearing, you have to file a hearing request within 10 days of the date of your arrest or citation.
If you call, I will answer your questions and file your license suspension hearing request. There is no charge for this assistance.
I find DMV hearings to be productive. DMV hearings give us the opportunity to cross examine the arresting officer and other witnesses, get police reports and watch videos of an arrest before the case is ever filed with the court.