The DUI Process Explained
Dealing with the Department of Motor Vehicles, the DMV in Portland, Oregon
If you have been arrested for driving under the influence (DUI) and you either gave a breath test sample or refused the breath/urine test, you have 10 days from your arrest to challenge the suspension at the DMV Oregon. If you don’t contest the suspension, your license will automatically be suspended.
How do you win a DMV hearing? The DMV hearing is not about you. It is about the police officer and whether he or she did everything required under the DMV law. There is no penalty for contesting the DMV suspension. The benefits are simple. First, if we win the hearing, it will save your license from being suspended by the DMV. Our firm can represent you without you even appearing at the hearing. The prosecutor is not part of hearing. The arresting officer is placed under oath and we get a chance to cross examine the officer regarding the probable cause for a traffic violation, reasonable suspicion for arrest, your right to communicate, the breath test etc. The deposition of the arresting police officer can be used as a legal motions, factual defenses or for negotiating position in your criminal case.
After the DMV hearing, we, as DUI Attorney and client, go over the pros and cons of your DMV and criminal case. The lawyers at Thuemmel, Uhle & Eder have conducted thousands of Oregon DMV hearings and previously authored the chapter on contesting DMV hearings for the Oregon Criminal Defense Lawyer Association.