Under Oregon’s implied consent law, ORS 813.100, anyone who drives a motor vehicle in the state is deemed to have consented to a chemical test (breath, blood, or urine) if arrested for DUII. A test shall be administered at the request of a police officer who has reasonable grounds to believe the person was driving under the influence of intoxicants in violation of the law. While you have the option to refuse the test, doing so will result in a longer suspension of your driver’s license. Additionally, law enforcement can seek a warrant to obtain a blood sample regardless of your refusal. In most DUII cases, a chemical test is ultimately conducted, either with your consent or through legal authority.
Implied Consent Hearings in Oregon
Written by:
The Implied Consent Combined Report
If you have received an Implied Consent Combined Report, you are entitled to a hearing to determine the validity of your license suspension. This hearing is conducted by an administrative law judge.
Deadlines to Request an Implied Consent Hearing
- Breath Test Failure or Refusal: Submit your request to DMV Headquarters by 11:59 PM on the 10th day following your arrest.
- Blood Test Failure: Follow the deadline stated on the notice sent by the DMV.
It’s crucial to meet these deadlines to preserve your right to a hearing.
Burden of Implied Consent Hearings in Oregon
Under Oregon law, a chemical test is administered if a police officer has reasonable grounds to believe a driver was under the influence of intoxicants, violating ORS 813.010 or a similar municipal ordinance. Before the test, the driver must be informed of their rights and the potential consequences, as outlined in ORS 813.130. This process is central to implied consent hearings, where the validity of the suspension is reviewed.
Penalties for Refusing a Chemical Test in Oregon
Under Oregon’s implied consent law, refusing to submit to a chemical test after being arrested for DUII carries serious penalties. These penalties increase with subsequent refusals, making it essential to understand the potential consequences:
- First Refusal: Up to $1,000 in fines and a 1-year driver’s license suspension.
- Second or Subsequent Refusal: Up to $1,000 in fines and a 3-year driver’s license suspension.
Refusing a chemical test does not prevent law enforcement from obtaining a warrant for a blood test, and the refusal itself can be used as evidence against you in court.
Hire an Experienced Oregon Implied Consent Hearing Attorney
DUII is a serious offense in Oregon, and the consequences can be severe, including license suspension, fines, and jail time. With Oregon’s tough penalties and enforcement of the Implied Consent Law, it’s crucial to understand the risks and responsibilities associated with impaired driving.
Having an experienced Oregon criminal defense lawyer on your side can drastically change the outcome of your case and the penalties associated with it. Call us now for a free consultation: 541-508-4716.
Gary R. Johnson Law is here to help and advocate for you.
We never charge for an initial consultation, so give us a call today.