If you have been arrested for driving under the influence, the police likely confiscated your driver’s license and gave you a temporary driving permit. Naturally, you may be wondering when you will be able to reinstate your license.
The first thing to be aware of is that a driver’s license suspension may be imposed by the Department of Motor Vehicles, the court, or both. The process for license suspension through the court and the DMV are entirely separate and often need to be addressed in separate proceedings. With the help of an attorney, you can approach those proceedings with confidence. Ultimately, whether your license will be suspended depends on several factors, including whether you failed a breath test, refused a breath test, or have prior DUII convictions.
Will the DMV Suspend My Driver’s License?
The DMV may suspend driver’s license under Oregon’s “Implied Consent Laws.” Generally, these laws provide that, by driving a motor vehicle on public roadways, you have consented to a test of your breath, blood, or urine in the event of your arrest for DUII. (ORS 813.100). This means that in Oregon, when a police officer develops probable cause to believe you have driven while impaired, they may request a chemical test to determine your blood alcohol content, even without your consent.
That’s where DMV suspensions come into play. If you agree to take a BAC test and your results are over 0.08, the DMV will automatically suspend your driving privileges for 90 days. After 30 days, you can apply for a hardship permit, which will allow you to drive for the purpose of work, childcare, or other life essentials. However, if you refuseto take a BAC test after an officer has requested one, the DMV will automatically suspend your driving privileges for 1 year, and you will be required to wait 90 days to apply for a hardship permit.
As you can see, the consequences for failing a BAC test can be severe, but you may face lengthier suspensions if you refuse to test. Still, whether you failed a breath test or refused to test altogether, you may fight your DMV license suspension byrequesting a hearing within 10 days of your arrest. At the DMV hearing, your license may be reinstated if you or your attorney can prove that law enforcement failed to follow proper procedure during your arrest.
Will the Court Suspend my Driver’s License?
Being arrested for DUII does not mean the court will suspend your driver’s license. Unlike the DMV procedures, the court will not suspend your driver’s license until you are convicted of the DUII charge. An attorney will be able to identify whether you have viable defenses to a DUII charge or are eligible for a diversion program.
If you are convicted of DUII for the first time and do not enter diversion, the court will suspend your license for one year. Like implied consent suspensions, you will be able to apply for a hardship permit. Generally, there will be no wait-time for a hardship permit when your suspension is imposed based on a DUII conviction.
What if I have prior DUII convictions?
DMV and court-imposed suspensions will be lengthened if you have a history of DUII. Implied consent suspensions will be automatically extended from 90 days to 1 year when you have been convicted of DUII or entered a diversion program in the preceding 5 years. Court-imposed license suspensions for a second DUII conviction are extended from 1 year to 3 years, and a hardship permit will not be available. If you receive a third DUII conviction or any Felony DUII conviction, your license may be permanently revoked.
Talk to an Attorney Today
Particularly in Central Oregon, losing your driving privileges can be devastating for your ability to earn income, travel for your family, or simply live your life. If you have been arrested and/or charged with DUII, reach out to speak to a criminal defense attorney today. Even if you are never charged, an arrest for DUII may result in a loss of driving privileges for several months. The attorneys at Ward Grover can assist you in getting your driving privileges reinstated, fighting DUII charges, and finding the best outcome for your individual circumstances.