Refusing a blood, breath or urine test in Oregon
Refusing a chemical test after being stopped for DUII can have consequences, but drivers have rights as well
According to the Oregon Department of Transportation, under Oregon’s Implied Consent Law, those who operate a vehicle in the state automatically agree to take a breath, blood or urine test if requested to do so by a law enforcement official during a drunk driving arrest. If a driver refuses to take this test, this action is considered evidence that can be used in court.
Additionally, upon refusal, drivers who have a valid Oregon driver’s license in their possession will have this license confiscated by the law enforcement official at the scene of the arrest. The official will then provide the driver with a temporary driving permit that lasts for 30 days.
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License suspension lengths
After the 30-day temporary permit has expired, a driver’s license suspension period will go into effect. The length of this suspension varies depending on if there are any previous alcohol-related offenses on the driver’s personal record. A driver who refuses to take a blood, breath or urine test will have their license suspended by the Department of Motor Vehicles for a year, states the ODOT. If there are alcohol-related offenses on the driver’s record from the past five years, their license will be suspended by the DMV for three years.
Requesting a hearing
The ODOT states that if a driver receives a notice of intent to suspend their license after a DUII arrest, they have the right to a hearing. To request a hearing, a driver must submit the request in writing and include several pieces of information, such as:
- Their full name.
- Their complete mailing address.
- Their date of birth, the date of the arrest and their Oregon driver’s license number.
- The issues intended to be brought up during the hearing.
- A telephone number that they can be reached at.
According to the ODOT, all Administrative Hearings will be conducted over the telephone unless the driver specifically requests for the hearing to be held in-person.
A driver who wants to request a hearing only has a limited amount of time to make this demand after the date of their arrest. After refusing to take a blood, breath or urine test, a driver has until 5:00 pm on the tenth day after the arrest was made to submit this document to the DMV.
Facing the prospect of attending a hearing after an arrest can often be intimidating for drivers. If you refused to take a blood, breath or urine test after a DUII arrest and want to request a hearing, consult with an attorney who can provide guidance throughout the duration of this process.
Keywords: DUII, arrest, charges, drunk driving