Skip to main content

Oregon State Flag An official website of the State of Oregon »

Implied Consent Hearing

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, or as an Administrative Hearing.

If you received an Implied Consent suspension 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 call to request a hearing. 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.

Other Information

  • If the deadline for requesting a hearing falls on a weekend or a legal holiday, the request is due at 11:59 PM 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 503-947-1608 if you have questions about the status of the hearing.

Frequently Asked Questions