A DUII arrest often involves two separate suspensions of your driving privileges. First, under the Oregon implied consent law if the police request a breath test and you have a BAC (blood alcohol content) of 0.08% or higher your license will be suspended for a 90-day period starting 30 days after the breath test failure (for a first offense). If you refuse the breath test, your license will be suspended for a year beginning 30 days after the refusal (for a first offense). You may challenge the suspension of your license for a breath test failure or a refusal, but you must do so by requesting a DMV hearing within 10 days of the notice of suspension. A lawyer who is well versed in DUII law can request and take care of the hearing, and if you win, there will not be a suspension under the implied consent law.
If you are later convicted your license will be suspended for one year at the time of sentencing if it is your first conviction for DUII. A consultation with a lawyer who thoroughly understands DUII law is the best way to know if there is any way to avoid a conviction for the charge.
- Many people are concerned about how their ability to drive will be affected before the case is even resolved.
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