
You need
immediate help. Under Oregon law, you have only 10 (ten) days in which to file for an
Administrative Hearing in order to protect your license. (2) No chemical test of the person's breath
or blood shall be given, under subsection (1) of this section, to a person under
arrest for driving a motor vehicle while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance, if the person refuses the
request of a police officer to submit to the chemical test after the person has
been informed of consequences and rights as described under ORS
813.130. (3) If a person refuses to take a test under
this section or if a breath test under this section discloses that the person,
at the time of the test, had a level of alcohol in the person's blood that
constitutes being under the influence of intoxicating liquor under ORS 813.300,
the person's driving privileges are subject to suspension under ORS 813.410 and
the police officer shall do all of the following: (a) Immediately
take custody of any driver license or permit issued by this state to the person
to grant driving privileges. (b) Provide the
person with a written notice of intent to suspend, on forms prepared and
provided by the Department of Transportation. The written notice shall inform
the person of consequences and rights as described under ORS
813.130. (c) If the person
qualifies under ORS 813.110, issue to the person, on behalf of the department, a
temporary driving permit described under ORS 813.110. (d) Within a
period of time required by the department by rule, report action taken under
this section to the department and prepare and cause to be delivered to the
department a report as described in ORS 813.120, along with the confiscated
license or permit and a copy of the notice of intent to
suspend. (4) If a blood test under this section
discloses that the person, at the time of the test, had a level of alcohol in
the person's blood that constitutes being under the influence of intoxicating
liquor under ORS 813.300, the person's driving privileges are subject to
suspension under ORS 813.410 and the police officer shall report to the
department within 45 days of the date of arrest that the person failed the blood
test. [1983 c.338 591; 1985 c.16 298; 1985 c.672 19; 1993 c.305 ;1995 c.568
1] Temporary permit upon confiscation of
license. (2) The department shall provide police
departments and agencies with permits for issuance as required by this section.
The department shall establish the form and content of permits described in this
section as the department determines appropriate, but in a manner consistent
with this section. (3) A permit described in this section is
subject to all the following: (a) Except as
provided in paragraph (b) of this subsection, the permit is valid until the 30th
day after the date of arrest. (b) During the
12-hour period following issuance of the permit, the person is subject to ORS
807.570, and the permit is not a defense to a charge under ORS
807.570. (c) The permit
shall be issued without payment of any fee. (d) The permit
grants the same driving privileges as those granted by the person's license
taken into possession under ORS 813.100. (4) A police officer shall not issue a permit
under this section if: (a) Driving
privileges of the person were suspended, revoked or canceled at the time the
person was arrested; (b) The person
whose license was taken into custody was operating on an invalid
license; (c) The person
was not entitled to driving privileges at the time of the arrest for any other
reason; or (d) The person
holds a license or permit granting driving privileges that was issued by another
state or jurisdiction and that is not taken into custody under ORS 813.100.
[1985 c.16 142; 1985 c.672 17]

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Implied
consent to breath or blood test; confiscation of license upon refusal or failure
of test.
(1) Any
person who operates a motor vehicle upon premises open to the public or the
highways of this state shall be deemed to have given consent, subject to the
implied consent law, to a chemical test of the person's breath, or of the
person's blood if the person is receiving medical care in a health care facility
immediately after a motor vehicle accident, for the purpose of determining the
alcoholic content of the person's blood if the person is arrested for driving a
motor vehicle while under the influence of intoxicants in violation of ORS
813.010 or of a municipal ordinance. A test shall be administered upon the
request of a police officer having reasonable grounds to believe the person
arrested to have been driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance. Before the test is
administered the person requested to take the test shall be informed of
consequences and rights as described under ORS 813.130.
(1) Except
as otherwise provided by this section, police officers, on behalf of the
Department of Transportation, shall issue temporary driving permits described
under this section to persons when required under ORS 813.100.
source: http://www.leg.state.or.us/ors/813.html
Our
Oregon Criminal Defense Lawyers have proven track records in representing those
accused of drunk driving. Getting expert legal help with your Oregon DUI
can be affordable and easy. Many of our Oregon DUI
Lawyers offer a free initial case evaluation and flexible payment
options.
Oregon Drivers
Information:
Motor Vehicle Department:
http://www.oregon.gov/ODOT/DMV
DUI Laws: http://www.leg.state.or.us/ors/813.html
Driver's Manual: http://www.oregon.gov/ODOT/DMV/driverid/driver_manuals.shtml
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