Administrative Review Hearing in Oregon
A person who has a license suspended or revoked by an officer because he or she failed or refused a chemical test is entitled to an administrative hearing. The issues at the hearing are whether an officer had reasonable grounds to make a DUII arrest, whether the defendant was made aware of his rights, and whether there was a refusal or failure of a chemical test. A defendant may present evidence with the assistance of an attorney and testimony will be heard from the arresting officer and the defendant. At the conclusion of the evidence, the administrative law judge will make a ruling. If the defendant wins, the driver license will be reinstated. If the defendant loses, the suspension or revocation remains valid. All testimony is given under oath and witnesses of the arrest can testify as well. If a person wants witnesses to testify, the DMV will subpoena them. A person may have an attorney at the hearing or the person can choose to represent himself.
It is important to note that a person challenging a suspension or revocation wants an administrative hearing, not administrative review. An administrative review is DMV’s review of documents received by DMV from either a court or another authority that led to a sanction. With administrative review, the Oregon DMV did not make any determinations that led to the sanction.
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