There Are Two Parts to an Oregon DUII Arrest

Issue One

Implied Consent Suspension for failing or refusing a breath or blood test. You do have the option of contesting this suspension by requesting an appeal in writing within 10 days of your arrest. Whether you win or lose on your appeal of this suspension (or do not appeal at all) it will not affect your DUII charge (though you may gain information in your hearing that could help in defending the DUII charge).

Issue Two

Criminal charge/citation for DUII (and any other offenses). You must personally appear in court or a warrant will be issued for your arrest for failure to appear (sometimes your attorney can appear on your behalf). If you enter the diversion program, plead guilty to the charge, or win or lose at trial. It will not affect (lesson or overturn) your implied consent suspension for failing or refusing the breath or blood test.

What Happens if I Get Caught Driving While My License is Suspended?

If your license was suspended only by the DMV for the chemical test failure or refusal, the driving while suspended ticket that you will get from the police officer will be characterized as a Class A Misdemeanor. The maximum penalty for a Class A Misdemeanor is one year in the county jail and a fine of $6,250.

If you were caught driving on a license that was suspended by a circuit court judge, the offense will be charged as a misdemeanor or a felony, depending on the underlying crime of conviction that created the suspension in the first place. The felony offense of DWS is a class C felony and carries with it a five-year prison term and a maximum fine of $125,000.