“The Best DUI Defense is Knowing the Offense” - Sunil K. Raju, Former Prosecutor

What DUI Timelines Should I be Aware of?

If you have just been arrested for DUI in Oregon, you may be overwhelmed by the situation. However, it is important to dust yourself off, step back, and  formulate a gameplan for how to move forward and protect your interests.

Understanding and planning for key timelines in your DUI case will help you to manage your DUI case, rather than allow your DUI case to manage you.

A few of the key DUI timelines include:

  • 10-day DMV hearing: You only have until 5 p.m. on the 10th day following your DUI arrest to request a hearing with Oregon DMV to challenge an administrative suspension of your driver's license, and DMV must receive your request in a timely manner - the only way to avoid an administrative suspension of your driver's license is by successfully challenging the suspension at a DMV hearing;
  • 30-day temporary driving permit: If you allegedly fail a DUI test under Oregon Implied Consent law, then a police officer will confiscate your driver's license, and issue you a temporary driving permit, which will expire in 30 days;
  • 30-day blackout period: If your driver's license is suspended due to allegedly failing a DUI test under Oregon Implied Consent law, then you cannot get a hardship permit for the first 30 days of your administrative license suspension;
  • 30 days to enter DUI Diversion: Generally, you only have 30 days after your arraignment (generally your first court date) for your DUI case to enter DUI Diversion, or else you lose the ability to take advantage of DUI Diversion;
  • 90-day driver's license suspension for breath test failure: If you allegedly fail the DUI breath test, then you face a 90-day administrative driver's license suspension, unless you successfully challenge the suspension at a DMV hearing;
  • 1-year driver's license suspension for breath test refusal: If you allegedly refuse the DUI breath test, then you face a 1-year administrative driver's license suspension, unless you successfully challenge the suspension at a DMV hearing.

These key timelines are not comprehensive, and the timelines that apply to your particular DUI case depend on the facts of your specific case. There are more situations that occur, and are not covered here. Some of the timelines overlap, so it is important to plan ahead, and strategize, to minimize the impact on your, your career, and your family.

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