Can I Drive After a DUII Arrest in Oregon? Temporary Permit Rules

The officer just took your license and handed you a yellow form. So can you actually drive right now? In most cases, yes — but only for the next 30 days, and only if specific conditions are met. Here's how Oregon's temporary driving permit works after a DUII arrest.

The Temporary Permit on Form 735-0075

When the arresting officer confiscates your physical Oregon driver's license, they issue an Implied Consent Combined Report (Form 735-0075). The bottom portion of this yellow form serves as your temporary driving permit. It's a legitimate, legal document — you can drive with it.

But it's valid only if two conditions were met at the time of the arrest:

1. You held a valid Oregon license when you were stopped. If your license was already expired, suspended, or revoked, the temporary permit is void.
2. The officer checked the eligibility box on the report indicating your permit status. Review the form — if the box isn't checked, you may not have a valid temporary permit and should verify your status with the DMV before driving.

Sign the permit section to activate it. An unsigned temporary permit may not be treated as valid.

The 30-Day Clock

The temporary permit expires exactly 30 days after your arrest — not 30 business days, not 30 days from when you received the form. When it expires on Day 30, your administrative suspension takes effect and you cannot legally drive unless you've taken additional steps.

What happens at Day 30 depends on whether you requested a DMV hearing:

If you did not request a hearing by the applicable deadline: For a breath-test failure or a breath, blood, or urine test refusal, the deadline is 10 days after arrest; for a blood-test failure, it is 10 days after DMV sends the notice of suspension. The suspension begins on Day 30. For a breath test failure, that's a 90-day suspension. For a test refusal, one year. Your temporary permit expires and you have no driving authority until you qualify for a hardship permit (after a 30-day absolute wait for test failure, or 90 days for refusal).

If you did request a hearing and it hasn't happened yet: Under ORS 813.410, if the Office of Administrative Hearings can't hold the hearing within 30 days of the arrest, the proposed suspension is typically withheld. Your temporary permit effectively extends until the hearing is held and the ALJ issues a final order. This is one of the practical benefits of filing the hearing request on time.

After the Temporary Permit Expires

Once the suspension takes effect, you have three options:

1. Hardship permit. After serving the mandatory waiting period (30 days for test failure, 90 days for refusal), you can apply for restricted driving privileges through DMV Form 735-6044. This requires an SR-22 insurance certificate, IID installation, employer/treatment verification letters, and $160 in fees. The hardship permit limits you to specific routes, times, and purposes (work, treatment, medical, and limited grocery shopping).

2. Don't drive. Serve out the full suspension period without driving. At the end, complete the reinstatement process ($85 fee, active SR-22, IID clearance, court clearances on file).

3. Win the DMV hearing. If the ALJ rescinds the suspension at the Implied Consent hearing, there's no suspension to serve. Your driving privileges are restored to full status.

Getting Your Impounded Vehicle Back

If your vehicle was towed at the time of the arrest, you can retrieve it from the impound lot — but you'll need someone with a valid license to drive it out (or tow it) if your temporary permit isn't valid or you're not comfortable driving.

To release the vehicle, you typically need:

• Proof of vehicle ownership (registration or title)
• Active auto insurance
• Payment of the law enforcement release fee ($100–$150, varies by county)
• Payment of tow and daily storage fees ($196+ hookup in Portland, $25–$32/day storage)

Storage charges accumulate daily after a 4-hour grace period. Most impound lots accept cash or money order only. The vehicle can be subject to a lien if unclaimed after 3 days, so retrieve it quickly.

For a complete walkthrough of both the temporary permit timeline and the broader DUII dual-track process, the Oregon First-Offense DUI Guide maps every deadline from Day 0 through reinstatement.

Frequently Asked Questions

Can I drive out of state on the temporary permit?

The temporary permit authorizes driving within Oregon. Whether another state honors it is governed by that state's laws. Before driving outside Oregon, verify that state's requirements with its licensing authority — and carry Form 735-0075 with you.

What if I was driving with an out-of-state license?

Oregon cannot confiscate a license issued by another state. However, the DMV can suspend your privilege to operate a motor vehicle within Oregon. Your temporary driving authority within Oregon follows the same 30-day timeline. Additionally, Oregon will report the suspension to your home state through the National Driver Register, and your home state will typically initiate its own corresponding action.

Is the temporary permit valid 24/7?

Yes. Unlike a hardship permit, which restricts you to specific routes and times, the 30-day temporary permit has no time-of-day or route restrictions. You can drive normally for those 30 days — it functions the same as your regular license, just on a shorter timeline.

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