DMV License Suspensions
This page only deals with the Administrative Implied Consent Suspensions that occur for either failing or refusing a BAC. There are additional suspensions for convictions of DUI. For that information please go to DUI Penalties.
When an Oregon driver is arrested for driving under the influence of intoxicants and either refuses or blows into the breathalyzer with results of a .08 or higher, they face an administrative license suspension. The length of the suspension depends on the drivers DMV history. Below is a guide for administrative license suspensions for class C (regular) drivers' license.
- 1st failure of BAC within 5 years is a 90 day suspension.Refusal of a breath test is generally treated like a failed test plus it has an enhanced penalty:- 2nd failure of BAC within 5 years is a 1 year suspension.
- Eligible for hardship permit after 30 days
- Eligible for hardship permit after 90 days.
- If the BAC failure occurs while in diversion, or within 5 years either failed a BAC, had a prior refusal, or was convicted of DUI, then no hardship is available.
- 1st refusal with no prior DUI incidents is a 1 year ODL suspension.- Enhanced Refusal: If you refuse a BAC while currently in a diversion program or within 5 years failed a BAC, had a prior refusal, or were convicted of DUI, then there is a 3 year ODL suspension.
- Eligible for a hardship permit after 90 days.
- Eligible for hardship permit after 1 year.
Whether you face a 90 day suspension or a 3 year suspension it is imperative that you request a hearing challenging this suspension within 10 days of the citation or your right to contest this suspension is exhausted.