If you have been arrested for driving under the influence (DUI) in Oregon, you were likely asked to take a breathalyzer test. If you refused the test or blew .08% or above, the police officer who arrested you has submitted paperwork for your driver’s license to be suspended. The license suspension can be anywhere from 90 days to three years.
The only way to prevent a license suspension is to request and win a DUI administrative license hearing, and the experienced DUI lawyers at Siefman Law LLC can help. We know that your license is very important to you for commuting to work, getting to school, transporting your children, and going to any other obligations you may have.
You only have a limited time to request a hearing. The deadline for requesting the DMV hearing is the 10th day from your arrest, and the request must be in writing. The experienced Portland DUI defense attorneys at Siefman Law LLC can request the hearing on your behalf. Our lawyers can make sure that the hearing gets scheduled on time, as well as making sure that the scheduled date works for you.
You have nothing to lose by requesting a hearing. You won’t be penalized, and the length of your license suspension won’t be extended by requesting a hearing. Even if you lose the hearing, the period of your license suspension stays the same. To learn more about how the seasoned Portland criminal defense lawyers at Siefman Law LLC can help you with your DUI administrative license hearing, call (503) 395-2135 today.
Why You Need To Schedule a DMV Hearing
While DMV hearings are not required, they are typically a good idea. DMV hearings, which usually take place at a location near where you were arrested, are held before an Oregon Administrative Law Judge (ALJ) and are often difficult to win. Requesting a hearing does not ensure that you’ll be able to avoid an administrative suspension.
That said, if you don’t request a hearing, you will most certainly lose your driving privileges. With a hearing, you have a chance at retaining your driving privileges, pending the outcome of your DUI case.
Issues Raised During DMV Hearing
While the questions raised at the DUI administrative license often vary, they generally include the following:
- Did the police have reasonable suspicion of DUI or probable cause to pull you over?
- Did the police have probable cause to request a Field Sobriety Test (FST)?
- Was your performance of the FSTs voluntary, and were the tests administered correctly?
- Were you read your Implied Consent rights?
- Did you voluntarily agree to perform a breath test?
- Was the breath test administered in accordance with state law?
Your lawyer will have an opportunity during the hearing to question the arresting officer under oath. While your trial might not occur until months after the arrest, a DMV hearing usually occurs shortly after the arrest, when the police officer’s memory will be clearer. If the police officer’s testimony during your trial differs from testimony offered at your hearing, it can bolster your defense.
How An Attorney Can Help
A DUI administrative license hearing must be scheduled if you hope to avoid a license suspension, which is automatic after most DUI arrests. An experienced Portland DUI defense attorney can help with a variety of tasks involving your hearing, most notably:
- Take action for you
- Fill out necessary paperwork correctly and in a timely manner
- Protect your legal rights
- Question the officer who arrested you
- Establish that there was an error in your case
- Represent your interests
A knowledgeable DUI defense lawyer can fight against your license suspension, plus they can defend you during your criminal case for the DUI charges, which take place in court.
Frequently Asked Questions (FAQs)
At Siefman Law LLC, we get many questions from clients regarding their DUI administrative license hearings. Listed below are some of the commonly asked questions. If you have any specific questions about your case, don’t hesitate to reach out to our skilled and compassionate Portland criminal defense attorneys today.
How long do I have to request a DMV hearing?
You only have 10 days after your arrest to request a DMV hearing. The attorneys at Siefman Law LLC can handle every aspect of the process, schedule the hearing, and take action for you.
Do I have to go to my Oregon DMV Hearing?
If you have an attorney present at your DMV hearing, you do not have to attend. That said, it is recommended that you attend because clients will often have their memory refreshed by something the police officer says at the hearing. This could even result in you winning the hearing. The hearing is also the first opportunity for you to see your DUI defense attorney in action fighting for you.
Who is the judge?
The type of judge presiding over your hearing will be an Administrative Law Judge (ALJ) from the Oregon Office of Administrative Hearings (OAH). The ALJ is not an elected judge but rather an attorney who applied for a state job. They have varying levels of experience.
Can I drive to the hearing? Will the judge take my license away if I lose?
If you had a valid driver’s license at the time of your arrest, you are still able to drive to and from the hearing. On the night of your DUI arrest, the police officer did not issue you a suspension but rather a notice of proposed suspension. This suspension is scheduled to begin on the 30th day following the date of your DUI arrest.
Contact Us Today
If your driver’s license is suspended, it can affect your ability to attend school, work, and drive anywhere else you need to go. If there were mistakes in any aspect of the police stop, their arrest procedure, or another element in your case, you might be able to avoid license suspension.
Contact Siefman Law LLC as soon as possible after your arrest for DUI in order to take action to prevent your driver’s license from being suspended by the DMV. You have only 10 days to act. Call now at (503) 395-2135 to schedule a confidential consultation.