You only have 10 days from the date of your DUII arrest to ask for a DMV hearing.
When you have been arrested for DUII and released from jail you are given a date to appear in court. Sometimes that appearance in court is several weeks after your arrest and citation.
You have ONLY 10 days to ask for a DMV hearing. If you miss the deadline you are pretty well screwed out of a DMV hearing. Your DMV hearing is not the court appearance on your citation or release agreement. It is different and requires a different type of request.
If you fail a breath test (intoxilizer) by blowing .08 or more, your license in Oregon is going to be suspended from 90 days to three years depending on your particular situation. A DMV hearing may, and I mean may, avoid that suspension. In the vast majority of cases, the license suspension for the failed test remains, but occasionally a challenge will be effective; or alternatively, the office fails to send in their paperwork timely or fails to show up without an acceptable excuse and the DMV hearings officer dismisses the suspension.
At times it is better to be lucky than good, but you don’t get a chance to get lucky if you don’t request the hearing within 10 days.
Information on this web site is of a general nature and is not intended to be legal advice. Use of this web site does not create an attorney-client relationship with Howard W. Collins.