Archive for the ‘What can happen to my license?’ Category

If you have a valid Oregon Drivers License (ODL) at the time of your arrest for DUII, your ODL suspension (whatever the length) begins 30 days after your arrest.

Under Oregon’s Implied Consent Law, you are entitled to a hearing. You must request the hearing within 10 days of your arrest in most cases. Quick, decisive action is crucial to mitigate the consequences to your license.
Implied Consent suspension lengths vary. If you are arrested for driving under the influence of intoxicants and you:

* Take a breath test and fail it – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.
* Refuse to take a breath test – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
* Refuse to take a urine test – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years. The suspension for refusing a urine test will not start until any other implied consent suspension (even from the same arrest) is over.
* Refuse to take a blood test while receiving medical care in a health care facility following a motor vehicle collision – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
* Fail a blood test while receiving medical care in a health care facility following a motor vehicle collision – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year. This suspension will begin on the 60th day after DMV received the report that you failed the test. DMV will send a suspension notice to the address on your driving record to inform you of the suspension dates. The officer will not confiscate your driver license and issue a 30-day temporary driving permit. You are required to return any license in your possession to DMV when the suspension begins.

Additionally, when someone is convicted in an Oregon Court for DUII there is a court ordered suspension that is seperate from the Implied Consent suspension imposed by DMV (described above).

The first conviction is for DUII results in a 1 year ODL suspension.

A second conviction for DUII within 5 years of a previous conviction results in a 3 year ODL suspension.

A third conviction for DUII, no matter when it occurs in relation to the previous convictions, results in a LIFETIME revocation.

There is not an additonal court ordered ODL suspension for someone who enters into a diversion. The only suspension for someone in diversion is the initial suspension imposed under the Implied Consent Law by DMV.

Hardship permits may be possible to obtain in some cases.