What To Expect At A DMV Hearing
There’s a lot of misinformation out there about what happens during a hearing with the Oregon Driver & Motor Vehicle Services (DMV), and a lot of miscommunication about the driving under the influence of intoxicants (DUII) process in general. Because a DUII is a serious charge, it involves multiple layers of hearings, courts and approvals. These processes all need to be navigated successfully if you want a chance at prevailing against this charge.
In Oregon, one of these hearings is with the DMV. The entire process is outlined for you below, but if you have any additional questions, contact attorney Robert L. Sepp. Having an experienced attorney on your side is the first and best step you can take after being charged with a DUII.
What Is A DMV Hearing?
A DMV hearing is a DUII license suspension hearing, and it will determine the terms and length of your license suspension. Your license is not suspended immediately when you are arrested on DUII charges; the court has to formally convict you with DUII first. When you are stopped for DUII and law enforcement has determined that you should be arrested, the arresting officer will take your license and issue a temporary permit and a notice of license suspension. This license suspension won’t take effect for 30 days.
When you request a DMV hearing for DUII charges, you are requesting that the DMV examine your arrest for any inconsistencies or possible reasons why the DUII charge should not result in a license suspension. A DMV hearing does not have anything to do with your DUII charge. It only pertains to your license suspension and will not affect your DUII legal case (and possible conviction) in any other way.
Questions Asked At A DMV Hearing
The questions surrounding a DMV hearing always vary, but here is a general outline:
- What was the reason for the stop?
- Did law enforcement have reasonable suspicion of DUII?
- Was there evidence that a field sobriety test (FST) was needed?
- Did you perform the FST voluntarily, and were the test(s) administered correctly by the officer?
- Was the arrest lawful?
- Were you read your implied consent rights?
DMV Hearing For DUII Timeline
The minute you’re charged with DUII in Oregon, you should strongly consider calling a lawyer. The charges, suspensions and hearings all follow one another very quickly. The timeline for requesting a DMV hearing is 10 days from the date of arrest. If you do not file a request within that time frame, you will not be given another opportunity to fight your license suspension.
Legal Help For A DMV Hearing
DUII legal cases are difficult to navigate without a lawyer. If you miss deadlines or submit incomplete paperwork, you could potentially miss an opportunity to succeed against your charges. If you need assistance with a recent DUII charge in Oregon, please consider calling an experienced DUI defense lawyer. Attorney Robert L. Sepp provides exceptional legal defense for people in Oregon who have been charged with DUII. Call Robert L. Sepp, Attorney at Law, at 503-388-5382 or complete the online form to see if you qualify for a consultation.
Located in West Linn, Robert L. Sepp, Attorney at Law is proud to represent clients in the Portland metro area, Willamette Valley, Oregon Coast, Bend, Medford, Eugene and throughout the entire state of Oregon.