View Our Practice Areas

Requesting a hearing under Oregon’s Implied Consent law

After refusing a blood, breath or urine test during a DUI arrest, drivers have the right to request an administrative hearing.

According to the Oregon Department of Transportation, drivers in the state automatically consent to take a blood, breath or urine test if they are suspected of drunk driving when they get behind the wheel of a car. Drivers who refuse to take one of these tests during the arrest process may have their license suspended for a certain period of time, depending on the type of test they decline taking. For instance, drivers who do not take a breath test requested by a law enforcement official will automatically have their license suspended for 12 months. However, under Oregon's Implied Consent law, drivers have the right to request a hearing once they receive notice of license suspension.

Who can request a hearing?

The ODOT states that any driver who receives notice that their license will be suspended after refusing to take a blood, breath or urine test has the right to request a hearing. However, drivers who wish to participate in a hearing on their behalf must request it in a specific manner and within a certain period of time.

Drivers who make a request for a hearing must do so in writing and include the following information in this document:

  • Their name, mailing address and the date they were arrested
  • Their driver's license, birthday and a telephone number they can be reached at
  • A short overview of the issues that will be raised during the hearing
  • Their attorney's contact information
  • Times and dates that they are not available for the hearing

All hearings will be conducted over the phone and overseen by a judge from the Office of Administrative Hearings. However, drivers still have the right to attend a hearing in-person as long as they include this desire in their written request.

How much time do drivers have?

Drivers only have a limited amount of time to request an administrative hearing after a DUI arrest. According to the ODOT, drivers have 10 days after they refuse to take a blood, breath or urine test to submit a request for one of these hearings. However, drivers who do not meet this deadline due to limiting circumstances can still have their request for a hearing granted if they submit a statement that outlines why they did not turn in this request within 10 days with supporting documentation.

The information drivers include in their request for a hearing after receiving a DUI plays a large role in whether or not their desire for one of these meetings is granted. If you refused to take a blood, breath or urine test during a drunk driving arrest, speak with an attorney who can ensure your rights to a hearing are protected.

Keywords: DUI, arrest, breath test