Oregon Implied Consent Hearing Request: How to File Before the Deadline

That yellow form the officer handed you at your DUII arrest is the Implied Consent Combined Report (Form 735-0075). The bottom portion is your temporary driving permit. The rest of it is a notice that the DMV intends to suspend your license — and you have exactly 10 days to challenge it by requesting an administrative hearing. For a blood-test failure, the 10-day period runs from the date DMV sends the notice of suspension. This is one of the few genuinely time-sensitive deadlines in the DUII process, and missing it costs you the right to fight the suspension entirely.

The 10-Day Deadline

Under OAR 735-090-0020, your written hearing request for a breath-test failure or a breath, blood, or urine test refusal must be received by the DMV Headquarters Hearings Case Management Unit by 5:00 PM on the tenth day after your arrest. For a blood-test failure, it must be received within 10 days of the date DMV sends the notice of suspension. Not postmarked — received.

The count works like this: the day of the arrest is Day 0 (excluded from the count). If you were arrested on a Monday, your 10-day clock starts Tuesday, and the deadline falls on the following Thursday at 5:00 PM. If the tenth day lands on a Saturday, Sunday, or Oregon legal holiday, the deadline extends to 5:00 PM on the next business day.

Phone calls don't count. The DMV explicitly requires a written submission.

How to Submit Your Request

Four valid filing methods, ranked by reliability:

1. DMV2U online portal (oregon.gov/odot/dmv) — fastest and provides immediate confirmation. This is the safest option because you get a timestamp and receipt.
2. Fax to 503-945-5521 — keep the fax transmission confirmation sheet as proof of timely filing.
3. Physical delivery to DMV Headquarters in Salem — bring it yourself or send a courier.
4. U.S. mail — risky because the request must be received by the deadline, not just mailed. If you go this route, send it certified with tracking and mail it no later than Day 5 or 6 to build in buffer.

What Your Request Must Include

The written request needs all of the following:

• Your full legal name
• Current mailing address
• Date of arrest
• Oregon driver license or customer number
• Date of birth
• A valid telephone number
• A brief statement of the specific legal issues you want to raise (e.g., "validity of the traffic stop, probable cause for the arrest, proper administration of the breath test")
• Attorney contact information, if you have one

You don't need to write a legal brief. A clear, factual statement of the issues is sufficient. The hearing itself is where you (or your attorney) present the actual arguments.

What Happens After You File

If the DMV receives your request on time, the Office of Administrative Hearings (OAH) schedules a telephonic hearing. Most hearings are conducted by phone — this has been standard practice statewide since 2020, so you don't need to travel to Salem or any DMV office.

Under ORS 813.410, the DMV must hold the hearing and issue a final order within 30 days of the arrest. If OAH can't schedule the hearing within that window due to administrative or scheduling constraints, the proposed suspension is typically rescinded or withheld. This effectively extends your temporary driving permit beyond the 30-day mark until the hearing is held and a decision is issued.

What You Can Challenge at the Hearing

The administrative hearing is narrower than a criminal trial. The Administrative Law Judge reviews a limited set of issues:

• Whether the officer had reasonable grounds to believe you were driving under the influence
• Whether you were lawfully arrested
• Whether the breath/blood/urine test was properly administered according to OSP standards
• Whether the test result was at or above the legal limit (0.08% BAC, or 0.04% for CDL holders)
• If you refused, whether the officer properly advised you of the consequences of refusal

If the ALJ finds the DMV failed on any of these points, the suspension is rescinded. If the DMV prevails, the suspension stands as proposed.

What If You Miss the Deadline

If your request arrives late, the DMV issues a final order denying it. Your only recourse is a Just Cause Petition under ORS 813.440 — and the grounds are extremely narrow. You must prove that circumstances entirely beyond your reasonable control and foresight prevented timely filing. Recognized grounds include:

• Verified physical incapacity (with a signed physician's statement)
• Death in the immediate family
• Documented DMV or OAH error

Standard reasons — traveling out of town, waiting to consult an attorney, confusion about the deadline — do not qualify. If the Just Cause Petition is denied, the administrative suspension proceeds on its original timeline with no further appeal on that issue.

The Hearing Is Separate from Your Court Case

This is the structural point that confuses most people: the Implied Consent hearing is a DMV administrative proceeding, not part of your criminal court case. Winning or losing this hearing has no effect on whether the District Attorney prosecutes the criminal DUII charge. And completing DUII diversion in court has no effect on the DMV administrative suspension. These are two parallel tracks, managed by different agencies, operating under different rules.

For a full breakdown of both the administrative and criminal timelines — including how the hearing result interacts with hardship permits, IID requirements, and reinstatement — the Oregon First-Offense DUI Guide maps the dual-track system step by step.

Frequently Asked Questions

Does requesting a hearing cost anything?

No. There is no fee to request an Implied Consent hearing. The hearing itself is also free. The ordinary fees in the administrative track are the hardship permit application ($75) and the reinstatement fee ($85), both of which come later. A refusal can also carry the separate $650 civil penalty.

Can I represent myself at the hearing?

Yes. Many people do, especially if their case involves straightforward procedural issues. However, the hearing follows administrative law procedures, and the officer (or their representative) will testify. If your case involves unusual circumstances — test refusal, blood draw issues, multiple substances — an attorney familiar with Oregon Implied Consent hearings can be worth the cost.

What happens to my temporary permit while the hearing is pending?

If you filed on time and OAH can't hold the hearing within 30 days, your temporary permit (the bottom of Form 735-0075) is effectively extended. You remain legally authorized to drive until the ALJ issues a final order. If the hearing is held within 30 days and you lose, the suspension begins on Day 30 as originally scheduled.

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