Who is Entitled to a Hearing?
If you have received an Implied Consent Combined Report, you are entitled to a hearing. The purpose of the hearing is for the administrative law judge to decide whether the suspension is valid.
The Office of Administrative Hearings will conduct the hearing by telephone unless one of the parties requests an in-person hearing.
This is not the same as an Administrative Review. This is not the same as an Administrative Hearing.
If you received an Implied Consent in another state, you are entitled to an Administrative Review, pursuant to Oregon Revised Statute (ORS) 809.400 (3).
How Much Time Do I Have to Request a Hearing?
- Breath Test Failure – Your request must be received at DMV Headquarters by 11:59 PM on the tenth day following the arrest.
- Breath, Blood or Urine Test Refusal – Your request must be received at DMV Headquarters by 11:59 PM on the tenth day following the arrest.
- Blood Test Failure – Your request must be received at DMV Headquarters within the number of days stated on the notice sent to you by DMV.
How Do I Request a Hearing?
You CANNOT request a hearing by calling DMV.
If you want to ask for an Implied Consent Hearing you can:
-
Submit an
online request;
-
Fax your request to DMV Hearings Case Management Unit at 503-945-5521; or
-
Mail
your request to:
DMV Hearings Case Management Unit
1905 Lana Ave NE
Salem OR 97314
Your request must be in writing and include:
- Your full name;
- Your mailing address;
- Date of arrest;
- Your Oregon Driver License, Permit, ID Card or customer number (if you have one);
- Your date of birth;
- A telephone number (with area code) where you can be reached during normal working hours;
- A brief statement of the issues you intend to raise at the hearing;
- The name, address and telephone number of your attorney (if you have one):
- You can represent yourself at the hearing. If you want an attorney and can’t afford one, legal aid organizations may be able to help you;
- Dates and times that you (or your attorney) cannot appear at a hearing; and
- If you need an interpreter, specify the language.
How Do I Update My Hearing Request Information?
Please submit additional information or a request for change in address or phone number by mail or fax. Online requests are not accepted for these.
How Do I Request a Relief from Default, a Reconsideration of a Denied Hearing Request or a Reconsideration of a Denied Relief from Default?
If you did not appear at your hearing, you may request a “relief from default” if you can demonstrate that there were circumstances beyond your reasonable control that caused you to miss the hearing.
If you are requesting a relief from default, a reconsideration of a denied hearing request or a reconsideration for a denied relief from default please submit by mail or fax. Online requests are not accepted for these. For additional information on requesting these, please contact the DMV Hearings Case Management Unit at 503-945-5545.
How Do I Check on the Status of My Hearing?
If you are seeking an update on a previously requested hearing, please contact the DMV Hearings Case Management Unit at 503-945-5545.
Other Information
- A request that comes in on a weekend or holiday will be considered received on the next business day.
- Call the DMV Hearings Case Management Unit at 503-945-5545 to make sure DMV received your request.
- If inclement weather is forecasted or state offices are closed on a day when your hearing is scheduled, contact the Office of Administrative Hearings at 503-947-1515 if you have questions about the status of the hearing.
