The consequences of an Implied Consent hearing concern only the question of whether or not the proposed suspension of driving privileges is valid, but can be very helpful for other purposes. You are afforded the opportunity to have an attorney present and having an experienced local DUI lawyer like Jared Justice with you will improve your chances of a positive outcome. DMV hearings are optional and should always be requested to challenge the Implied Consent suspension. It is important to note that you only have ten days from the date of your arrest to request an Implied Consent hearing. This hearing must be requested if you want to challenge the suspension that is imposed after a BAC failure or refusal has taken place, which typically lasts for 90 days or 1 year.
What Happens at a DMV Hearing?
The issues raised can vary, but typically include some of the following:
- The reason the stop initially took place. Did the police have adequate suspicions of intoxication or probable cause for a traffic violation?
- Determining if police established a credible level of probable cause to warrant a field sobriety tests.
- Determining if you voluntarily performed the field sobriety test and whether those tests were administered correctly
- Determining whether or not you voluntarily agreed to perform a breath test, and if that test was administered correctly in accordance with the laws and administrative rules
In order to have a large degree of success following a DMV hearing, you must have an experienced attorney who is knowledgeable with DUI defense and the administrative rules. Jared Justice practices locally and is one of the top Criminal Defense and DUI lawyers in the area. Call our office today for more information or to schedule a consultation.
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.