How to Win a DMV Hearing in Oregon


The first step towards successfully fighting the suspension of your license is to avoid losing the rights to have a hearing in the first place. Enlisting the help of a DUI lawyer can help you get it right.

You must consider the following if you do not wish to lose your hearing rights:

  • The hearing must be requested within 10 days from the date of arrest, if you failed or refused a breath test;
  • If you failed a blood test, the hearing can be held within 30 days of the date that you receive the notice from the DMV. But, you still need to request the hearing with 10 days of receiving the notice.
  • If you do not request that the hearing be held in person, it will be held over the phone.

The DMV may provide the opportunity for a late hearing if the reason for the rescheduling involves physical incapacity, death of a close family member, an error made by the department, or a subpoenaed officer’s inability to appear due to legitimate duty conflicts (or other various reasons). Additional just cause can be further defined by the administrative rules.

To have a good chance of winning a DMV hearing, you need the help of an experienced attorney who is familiar with DUI’s and administrative procedures. An experienced DUI lawyer will be able to point out flaws in an officer’s case to the Administrative Law Judge by arguing that the officer failed to meet one or more of the requirements during the arrest and/or investigation. At the hearing, you’ll be allowed to present evidence on your behalf, including witnesses. Having an experienced attorney will help you organize the best defense possible, given the circumstances. The majority of cases where a person wins their Implied Consent hearing involve the technical details of the case. Without an attorney experienced and familiar with DUI laws, most people will miss any opportunity they had.


Disclaimer: Nothing on this site should be taken as legal advice. For advice on a legal matter, contact an attorney. Contact Jared Justice at 503-722-3981 or jaredjustice@me.com.

Jared Justice is available to practice anywhere in the state of Oregon. He focuses on practicing in the following State Courts: Clackamas, Multnomah, Yamhill, Marion, and Washington Counties. He also practices in the following Municipal Courts: Lake Oswego, West Linn, Newberg, Canby, McMinnville, Troutdale, Oregon City, Beaverton, Milwaukie, Gladstone, and just about every other court in the Portland area.

What Jared's Clients Say 

"Jared was all I could ever ask for in an attorney. He was able to bring my case to what I believe was the best possible resolution. Throughout what has been the hardest time of my life, he was kind, compassionate and understanding of the difficulties facing me. He made everything a little less scary and helped to put everything into perspective for me. I hope to never have to call him again, but I will be recommending him to anyone in need of legal aid in Clackamas county"

"Jared successfully helped me with an old case that was never settled. I hired him immediately after meeting him because he showed a genuine care and interest into finding the best possible outcome for me. He was honest and upfront with all of the outcomes to prepare me for anything, he responded promptly to all of my emails and phone calls, and he was professional yet personable the entire time. I recommend Jared because he not only settled my case successfully, he worked with me and made sure that I was fully prepared and taken care of. Thank you again!"

"Jared was recommended to me and I'm glad I used his help. No nickle and dimes every time something came up he was very transparent with the process and helped make me feel at ease as we went through my case. The case was dropped and we are now getting it expunged from my record."

"Highly satisfied with my experience. Jared was a thorough professional. He educated me on what to expect, what the likely outcome would be and then he achieved it! I would highly recommend Jared Justice to anyone needing a criminal defense attorney. Everything turned out better then I had expected. Thanks again!"

call
email