Under Oregon's implied-consent statutes, a DUII arrest triggers an administrative license suspension that is separate from the criminal case. ORS 813.410 gives the driver 10 days from the date of arrest to request a hearing before the DMV. ORS 813.450 governs judicial review of the result. Missing the 10-day deadline forfeits the right to contest the suspension, even if the criminal case is later dismissed.

Two cases, two calendars

An Oregon DUII arrest opens two parallel proceedings. The first is the criminal case in circuit court, for Yamhill County arrests, at the Yamhill County Circuit Court at 535 NE 5th Street in McMinnville, or in some cases at the McMinnville Municipal Court. The second is the DMV's administrative case over the driver's license. They run on different schedules, use different rules of evidence, and reach different decisions. A criminal-case dismissal does not automatically undo a DMV suspension.

The 10-day deadline under ORS 813.410

The driver, not the lawyer, receives a notice at the time of arrest, typically a pink form, that explains the suspension and the right to request a hearing. The request must reach the DMV's Driver Suspension Unit within 10 days. The most reliable filing methods are fax or certified mail with delivery confirmation; phone requests are not accepted. If the deadline lands on a weekend or holiday, the request is due the next business day.

Why this is the first thing to do

The 10-day window often closes before the first court appearance. A driver who waits for the arraignment to talk to a lawyer has frequently already lost the DMV side of the case. Filing the hearing request is a 10-minute task that preserves the right to challenge the suspension.

What the DMV hearing addresses

The hearing is conducted by a DMV administrative law judge (by telephone or by video, not in person) and is narrowly focused. The arresting officer testifies. The State carries the burden of proving each statutory element. The judge addresses four core questions:

Was the stop, contact, or arrest lawful?
Did the officer have reasonable grounds to believe the driver was operating under the influence?
Were the implied-consent rights and consequences correctly read to the driver?
Did the driver refuse the breath, blood, or urine test, or fail it with a result above the legal limit?

Common defenses

The narrow scope of the hearing is also its opportunity. The most productive defenses focus on the procedural and constitutional steps that the State must prove:

No lawful stop. The traffic stop was not supported by a reasonable suspicion of a traffic infraction or crime.
No probable cause for arrest. The officer's observations did not rise to probable cause to believe the driver was impaired.
Defective implied-consent advisory. The rights and consequences were misread, omitted, or read after the test was requested.
Test-procedure error. The breath-test operator was not certified, the 15-minute observation period was not observed, or the machine was out of compliance.

Discovery before the hearing

The hearing is a real opportunity for free discovery in the criminal case. The officer testifies under oath and is subject to cross-examination. The transcript becomes a tool for the criminal trial later, locking in the officer's account before the State has time to refine it.

What missing the deadline costs

If no request is filed within 10 days, the suspension takes effect by operation of statute. For a first failed test, that is a 90-day suspension. For a first refusal, it is one year. A driver who misses the deadline cannot reopen the question of whether the stop was lawful or whether the advisory was correct. Those issues are simply gone for the administrative case. The criminal case continues on its own track, but the driving privilege is decided.

If you or someone you know has been arrested for DUII in Yamhill County, call our office today, not next week. The 10-day clock is the first calendar item that matters, and the consultation is free.

The 10-Day DMV Hearing After an Oregon DUII Arrest