In the state of Oregon, a law enforcement officer would have the right to confiscate your driver's license if they have sufficient reason to believe that you were driving under the influence (DUI) of alcohol or drugs. Upon your arrest, they would issue a temporary license that would allow you to drive for the next 30 days. If you do not take measures to contest the impending suspension within 10 days of receiving a temporary license—which would require you to request an administrative hearing with the Oregon Department of Motor Vehicles (DMV)—you would have to forfeit your driving privileges until your case is resolved at trial. For this reason, it is imperative that you contact a Portland criminal defense lawyer from Neal Weingart, Attorney at Law, LLC as soon as you have been charged with DUI.
In doing so, you can ensure that the necessary steps will be taken to schedule and prepare for a DMV hearing. With your attorney in tow, you would be able to plead your case before an administrative judge and request that your driving privileges be either partially or fully reinstated. If the judge agrees that your license was confiscated for illegitimate reasons, full driving privileges would be restored. If you are unable to successfully argue that the suspension should be completely overturned, however, you could still request a hardship license. This restricted license would only allow you to drive to certain places (i.e. medical appointments, work, drug or alcohol rehabilitation, etc.) while you await trial, but it would be better than the alternative—as a suspended license could jeopardize your ability to work.
If you possess a commercial driver's license (CDL), you would not be eligible to maintain these privileges on a restricted basis. You could, however, downgrade from a CDL to a non-commercial Class C driver's license. That being said, you should not hesitate to explore your options immediately after a DUI arrest by consulting with the Portland criminal attorney at our firm. Attorney Neal Weingart has gone to trial more than 100 times, and has successfully argued just as many motions, so you can trust that he is adequately prepared to fight for you. He also maintains memberships with the Legal Committee for the Oregon Criminal Defense Lawyers Association, the National Organization for the Reform or Marijuana Laws and the Oregon Trial Lawyers Association, making him an authority on Oregon's DUI laws.
To find out how Neal Weingart, Attorney at Law, LLC can assist you in securing a hardship license or overturning an impending driver's license suspension altogether, contact our office today at (503) 483-4025 for a free initial consultation.