| Hearing Under Oregon's Implied Consent Law |
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| Overview |
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This page pertains to Implied Consent Hearings resulting from the receipt of a notice of intent to suspend from a police officer acting under Oregon's Implied Consent Law, following an arrest for driving under the influence of intoxicants.
An Implied Consent Hearing is an administrative proceeding conducted by an administrative law judge of the Office of Administrative Hearings. The purpose of the hearing is to determine whether the suspension is valid under all of the applicable statutes and administrative rules.
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| Who is entitled to a hearing? |
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A person who has received a notice of intent to suspend their driving privileges under Oregon’s Implied Consent Law is entitled to a hearing, but must request it in the manner and within the time frame allowed in the notice of intent to suspend.
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| How much time do I have to request a hearing? |
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Hearing requests must be received as follows:
- Breath Test Failure – If you failed a breath test, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.
- Breath, Blood or Urine Test Refusal – If you refused to submit to a test of your breath, blood or urine, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.
- Blood Test Failure – If you failed a blood test, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the date of the Notice of Suspension sent to you by DMV.
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| What happens if my request for a hearing is not received in the time allowed? |
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DMV will deny an untimely hearing request unless you demonstrate that the request should be granted under Oregon Revised Statute (ORS) 813.440.
If you want DMV to consider your grounds for not filing a timely hearing request, you need to include a statement of the circumstances that caused the late request. Be sure to also include any documentation that will support your reasons for a late request.
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| How do I request a hearing? |
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Hearings must be requested in writing, and you must include the following:
- Your full name;
- Your complete mailing address;
- Date of arrest;
- Your Oregon driver license, permit, identification card or customer number (if you have one);
- Your date of birth;
- A telephone number (with area code) where you can be reached between 8:00 AM and 5:00 PM Monday through Friday;
- A brief statement of the issues you intend to raise at the hearing;
- The name, address and telephone number of your attorney (if you will be represented by an attorney during the hearing process):
- You have the right to be represented by an attorney at your own expense. You may represent yourself at the hearing. Legal aid organizations may be able to assist you if you have limited financial resources. The Department will not be represented by an attorney at the hearing;
- Dates and times that you (or your attorney) cannot appear at a hearing;
- A request to have the hearing held by telephone, if desired; and
- If you do not speak English, and will need an interpreter to translate for you at the hearing, please be sure to request an interpreter in your hearing request.
You can fax your request for a hearing (fastest method) to:
DMV Hearings Case Management Unit at (503) 945-5521
You may call the DMV Hearings Case Management Unit at (503) 945-5545 to confirm receipt of your faxed request. DMV is not responsible for faxed requests that cannot be read when they are received or that are lost or misdirected during the transmission process.
A faxed request that is received after 5:00 PM Monday through Friday, or any time on Saturday, Sunday or any legal holiday, will be considered received on the next business day.
You can also mail or personally deliver your request for a hearing to:
DMV Hearings Case Management Unit
1905 Lana Ave NE
Salem, OR 97314
Note: Hearings cannot be requested via the telephone, internet or e-mail. Hearing requests received via any of these methods will not be accepted.
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| Related Information |
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Additional information that may be relevant includes:
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