When Should You Contact an Attorney after a DUII Arrest in Oregon?

Interviewer: Do clients contact you immediately after they are arrested or do they usually wait until the last minute?

It Is Important to Consult with an Attorney So You Know Your Rights to Contest A License Suspension By The Department Of Motor Vehicles

John Reade: It is pretty important in Oregon, that you contact someone shortly after you are arrested. The reason is if you take a breath test and fail it, or refuse to take a breath test, you have the right to what is called an administrative implied consent hearing to contest the suspension of your license by the Oregon Department of Motor Vehicles.

A driver’s license suspension is issued for either failing the breath test, or refusing to take the breath test. You have to request a hearing within 10 days after the day of your arrest. If you do not, then you waive your right to request a hearing except under certain exceptional circumstances, such as a death in the family or hospitalization, etc.

Common Concerns and Questions Following a DUII Arrest

Interviewer: What do clients want to know after an arrest for DUII? What are their immediate concerns?

Drivers’ License Suspension and Potential Employment Loss

John Reade: A large number of people are concerned about whether they will lose their license as a result of a driving under the influence arrest, and if so, for how long. Whether they will lose their job as a result of being charged with driving under the influence if an employer found out or if they will have to do any jail time if convicted. I would say those are two fairly typical concerns.

Interviewer: How could a DUII effect employment?

Losing Your Job: Most Employers Have Specific Policies about When They Can Terminate An Employee

John Reade: Some clients are fearful that if their employer finds out that they were arrested for driving under the influence they might let them go for that reason alone. In most cases, an employer could not fire someone just because they got arrested for driving under the influence. Most employers have employment policies that specify when they have the right to terminate someone. Most of the time, it is probably if you are convicted of a felony, or a crime involving dishonesty like theft for example.

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