Implied Consent Hearing

 

 

How Much Time Do I Have to Request a Hearing?

 

Hearing requests must be received as follows:

 

  • Breath Test Failure – If you failed a breath test, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.

  • Breath, Blood or Urine Test Refusal – If you refused to submit to a test of your breath, blood or urine, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.

  • Blood Test Failure – If you failed a blood test, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the date of the Notice of Suspension sent to you by DMV.

 

If your request for a hearing is not received in the time allowed, DMV will deny it unless you demonstrate that the request should be granted under Oregon Revised Statute (ORS) 813.440.

 

If you want DMV to consider your grounds for not filing a timely hearing request, you need to include a statement of the circumstances that caused the late request. Be sure to also include any documentation that will support your reasons for a late request.

 

For more information please go to http://www.oregon.gov/odot/dmv/pages/driverid/ichearing.aspx

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