If you are arrested for driving under the influence of intoxicants in Oregon, you will be asked to take a breath test. If you refused to take this test, or if you have a breath alcohol concentration over .08, the Department of Motor Vehicles will suspend your driver’s license. This suspension will go into effect 30 days after your arrest.

The length of the suspension will depend on your driving history and whether or not you took the breath test. The minimum license suspension for a DUI arrest is 90 days. The maximum is 3 years. A hardship license may be available depending on the circumstances of your case.

The DMV will suspend your license automatically unless you request an administrative hearing. You must request this hearing within 10 days or you will lose the right to the hearing. This administrative suspension is an independent process from the criminal charge of DUI.

There are multiple benefits to requesting a DMV hearing. First, it is the only way to avoid an administrative license suspension. Second, the arresting officer must testify at the hearing. This creates an opportunity to get the officer's story down under oath before he talks to a district attorney. If you are pulled over for DUI, Andrew Elliott can help you fight for your license and your rights.