When you need the advice of an experienced Driver's License Suspension attorney
Paul F. Sherman is an experienced Driver�s License Suspension attorney. He offers a FREE driver's license suspension consultation and can provide you with expert advice on all drunk driving issues facing you and your family. Call (503) 223-8441 or Contact Us.
How Long Will My Driver's License Be Suspended?
The nature and length of your driver's license suspension will depend on the reason for the suspension.
What is An Implied Consent Suspension?
Typically your license will be suspended for anywhere from 90 days to 3 years for failing a breath test or refusing a breath, blood or urine test. The implied consent license suspension usually begins 30 days after the date of your arrest.
If you would like to challenge this suspension, you must send a hearing request to DMV. The Hearings Case Management Unit must receive your request for a hearing no later than 5:00 p.m. on the 10th day following your arrest (including weekends/holidays). If you represent yourself on this issue, make sure that you fax the hearing request; do not mail your request as it may arrive late. Be sure to read the fine print on the back of your temporary driving permit especially the paragraph labeled Hearing Requests which details the appeal process.;
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR DRIVER'S LICENSE SUSPENSION
Keep in mind that filing an appeal of an administrative license suspension does not mean that the suspension will be overturned. It simply means that you have a chance to overturn the suspension. The Implied Consent Suspensions are most often overturned for constitutional violations; failure of police officers to appear at the hearing; incomplete/inaccurate paperwork; and failure of law enforcement to turn in paperwork to the DMV (or turning in documents late).
If you do not hire a lawyer to contest your implied consent suspension, you should request and attend the hearing yourself. Again, the Hearings Office must receive the written request to contest your implied consent suspension within 10 days of the date of your DUII arrest.
How Long Will My Oregon Driver's License Be Suspended?
The rules governing the suspension of your Driver's License are complicated and require the advice of an experienced DUII attorney. Contact the Law Offices of Paul F. Sherman or call us (503) 223-8441 for a free consultation.
Your Oregon driver's license may be suspended for failing a breath or blood test; or for refusing a breath, blood, or urine test. The length of your suspension will depend on whether you failed or refused the test and on whether you have a prior DUII event in the past five years.
CHEMICAL TEST FAILURE OR REFUSAL
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LENGTH
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HARDSHIP WAIT
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Breath / Blood Test Refusal
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1 year
|
90 days
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Breath / Blood Test Refusal - Increased₁
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3 years
|
3 years₂
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Breath / Blood Test Failure
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90 days
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30 days
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Breath / Blood Test Failure - Increased₁
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1 year
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1 year
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Urine Test Refusal (consecutive suspension)
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1 year
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180 days
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Urine Test Refusal - Increased₁ (consecutive suspension)
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3 years
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2 years
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Suspension lengths are increased if any of the following has occurred within the past five years prior to the current DUII arrest: a DUII conviction; participation in a DUII diversion; or a suspension under implied consent law.
The waiting period was one year through 2009. For refusals resulting from arrests occurring on or after January 1, 2010, the waiting period for a hardship permit is three years.
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As noted above, you must request an appeal of the proposed suspension for failing or refusing the test within 10 days of your arrest. A DMV hearing will then be scheduled on your request. Contact the Law offices of Paul F. Sherman for more information. If you had a valid Oregon driver's license at the time of your breath test failure refusal, you should receive a temporary permit that allows you to drive for 30 days. The DMV will not issue a driver's license to a person whose driving record indicates a pending Implied Consent Law.
How Long Will I Be Suspended If I am Convicted of a DUII Charge?
If you are convicted of a DUII charge, your license will be suspended or revoked. The length of the suspension will depend on the severity of the offense and your criminal history. Defendants who enter and successfully complete diversion are not convicted of DUII and do not face this additional suspension. The typical suspension/revocation lengths for DUII convictions range are as follows:
CONVICTION
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MANDATORY
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TYPE
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LENGTH
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HARDSHIP WAIT
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DUII
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1st Conviction
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Yes
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Suspension
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1 year
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none₁
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2nd Conviction w/in 5 years
|
Yes
|
Suspension
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3 years
|
90 days₂
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3rd Conviction or Felony DUII
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Yes
|
Revocation
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Permanent₃
|
Not Eligible
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DUII by Controlled Subst. or Inhalant
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Discretionary
|
Suspension
|
6 months
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Not eligible
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A judge's signature is required for a hardship permit for a DUII conviction.
You may not be eligible for a hardship permit on a second conviction within the past five years until you complete a treatment program. This often takes longer than 180 days.
A driver permanently revoked may petition the court for reinstatement after 10 years.
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To get your license reinstated a first DUII conviction suspension you must install an ignition interlock device for one year; show proof of completing alcohol/drug treatment; file an SR-22 (and keep it on file for three years); and pay a $75 reinstatement fee.
Your driver's license can also be subject to suspension or revocation if you are convicted of other traffic crimes such as reckless driving, vehicular assault, or hit and run.
What is A Habitual Offender Revocation?
Your driver's license can be subject to a five year revocation as a "habitual offender." This can occur if a driver (1) is convicted of three or more specified traffic crimes within a five year period; or (2) is convicted of a combination of 20 or more specified traffic infractions and/or traffic crimes in a five year period.
A habitual offender revocation does not happen in court. You will receive a notice from DMV in the mail. Always make sure that your DUII lawyer is made aware of any traffic crime convictions you have received in the past five years.
Also keep in mind that your license can be suspended for a variety of other reasons including failure to appear for court, failure to pay fines, and failure to pay child support.
What Happens If I Get Caught Driving While My License is Suspended (DWS)?
A Driving While Suspended (DWS) charge can be either a violation, a misdemeanor, or a felony depending on the underlying reason for the license suspension. There is a similar charge for Driving While Revoked (DWR). If you are caught driving while suspended for failing or refusing a breath or blood test or for a misdemeanor DUII conviction, you will be charged with the crime of misdemeanor driving while suspended.
The penalties for a misdemeanor DWS can be severe and may include jail time, substantial fines, and probation. The Court will impose a minimum $1,000 fine for someone caught driving while suspended as a result of a DUII conviction.
The court does not suspend your license for an additional length of time if you are convicted of a misdemeanor driving while suspended (unless you have so many convictions that you become classified as a "habitual offender").
Multiple DWS convictions can elevate driving while suspended to a felony. You will face an additional revocation of one year if you are convicted of a felony driving while suspended.
How Do I Get a Hardship Permit?
A hardship permit may be available to you if your license is suspended and you had a valid Oregon Driver License at the time of your suspension. Hardship permits are generally not available for license "revocations" including the lifetime revocation resulting from a third or greater DUII conviction. There is often a significant "black out" or waiting period before you can obtain a hardship permit. Hardship permits are only available for Class C licenses. The State of Oregon no longer issues hardship or probationary CDL permits.
Under Oregon law, the DMV may issue hardship permits only for:
� Occupational and employment purposes;
� Occupational training or education that is required by the applicant�s employer;
� Transportation to and from an alcohol or drug treatment or rehabilitation program;
� To look for work; and
� To obtain medical treatment on a regular basis for the person or a member of the person's immediate family.
Hardship permits are generally restricted to travel to or from a single work location. A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from an alcohol or drug treatment program. A hardship permit issued to look for work will be restricted to 12 hours per day, seven days per week. It will not be issued for a period of more than 120 days at a time. In order to obtain a hardship permit you may be required to obtain an SR-22 certificate of liability insurance.
Talk to an experienced DUII attorney before you apply for a hardship permit. For more information about hardship permits call the Law Offices of Paul F. .Sherman (503) 223-8441 or Contact Us for a Free License Suspension consultation.
