DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Oregon

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Oregon: The department must receive the request within 10 days from arrest; for a failed blood test, within 10 days from the date the department sends the suspension notice.

Or. Rev. Stat. § 813.410 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
The department must receive the request within 10 days from arrest; for a failed blood test, within 10 days from the date the department sends the suspension notice.
  • These are the ordinary request periods under ORS 813.410(4), which uses receipt by the department, not merely mailing the request.
  • The failed-blood-test branch runs from the date the department sends the suspension notice, not the date the person receives it. The other branch runs from arrest.
  • These are administrative suspension hearing-request deadlines, not the deadline for appealing a final hearing order.
Verified Or. Rev. Stat. § 813.410Official source (opens in a new tab)
Hearing procedure under the cited rule
Request the hearing from the Oregon Department of Transportation in the form and manner prescribed by department rule. The request must reach the department within the applicable statutory period.
  • These are the ordinary request periods under ORS 813.410(4), which uses receipt by the department, not merely mailing the request.
  • The failed-blood-test branch runs from the date the department sends the suspension notice, not the date the person receives it. The other branch runs from arrest.
  • These are administrative suspension hearing-request deadlines, not the deadline for appealing a final hearing order.
Verified Or. Rev. Stat. § 813.410Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Oregon offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
The department must receive the request within 10 days from arrest; for a failed blood test, within 10 days from the date the department sends the suspension notice.
  • These are the ordinary request periods under ORS 813.410(4), which uses receipt by the department, not merely mailing the request.
  • The failed-blood-test branch runs from the date the department sends the suspension notice, not the date the person receives it. The other branch runs from arrest.
  • These are administrative suspension hearing-request deadlines, not the deadline for appealing a final hearing order.
Verified Or. Rev. Stat. § 813.410Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.