If you just left the Clackamas County jail with a stack of DMV papers after refusing a breath test, you are probably staring at them and wondering if you just lost your license for good. The arrest itself was stressful enough. Now you are home, tired, worried about work and family, and trying to make sense of forms filled with boxes and fine print.
In this moment, you are not looking for legal theory. You need someone to explain in plain language what your refusal means, what those dates on the paperwork actually do, and what you can do in the next few days to protect yourself. You may be second-guessing the decision to refuse, or you may still feel sure you did the right thing and just want to know what happens next in Clackamas County.
We have represented people in your position for more than 40 years in the Portland area, including Clackamas County. We see the same implied consent forms, the same suspension dates, and the same confusion after a DUI arrest and breath test refusal. In this guide, we will walk through how Oregon’s implied consent law works, what your deadlines are, what really happens at a DMV hearing, and how we use these cases to protect both your driving privileges and your future.
What Happens Right After You Refuse A Breath Test In Clackamas County
Most DUII arrests in Clackamas County follow a similar pattern. An officer pulls you over, often at night, for something like speeding, swerving, or a broken taillight. After some questions and field sobriety tests, you are placed under arrest and taken to a police station or jail, where the officer asks you to take a breath test on a machine at the station, not the small device at the roadside.
Under Oregon’s implied consent law, the officer must give specific warnings before the breath test. These warnings explain that if you refuse, DMV can pursue a license suspension that is longer than if you take the test and fail. When you say no, or you do not give a proper breath sample after being instructed, the officer records that as a refusal. That choice triggers a separate administrative process with Oregon DMV, in addition to any criminal DUII case in Clackamas County Circuit Court or a municipal court.
Before you are released, the officer typically hands you an Implied Consent Combined Report. This is usually a multi-page document that includes the officer’s narrative, your test refusal, and information about a proposed license suspension. In many cases, one page of this packet also serves as a temporary driving permit that is valid for a short period, often 30 days from the date of arrest. The dates on this document are not suggestions; they control when your license will be suspended unless you act quickly.
Over the decades, we have read many of these reports and know how to interpret them. We can look at your paperwork and tell you what the officer is alleging, when DMV intends to start your suspension, and what your options are for challenging it. Understanding that paperwork is the first step to regaining some control over the situation.
Oregon’s Implied Consent Law And Refusal Penalties
Implied consent in Oregon means that by driving on Oregon roads, you agree in advance to provide a breath, blood, or urine sample if you are lawfully arrested for DUII and correctly advised of your rights and consequences. You can still say no in the moment, but saying no comes with its own potential penalties through the DMV. These penalties are separate from any jail, fines, or classes that a criminal court might later impose.
Refusing a breath test typically results in a longer DMV suspension than failing the test. For many first-time drivers, a failed breath test can lead to an administrative suspension measured in months. A refusal suspension for the same person is usually longer than the failed-test suspension. For people with prior DUII history, the suspension periods can increase further. The key point is that DMV often treats refusal more harshly than a simple test failure, because the law is designed to discourage drivers from withholding a sample.
These administrative penalties do not wait for a judge to decide the criminal case. DMV can suspend your license even if the district attorney never files a DUII charge or if the charge is later reduced or dismissed. At the same time, prosecutors can try to use your refusal as evidence in the criminal case, arguing that you refused because you believed you were impaired. That makes it important to understand both tracks, and to get advice that accounts for your driving record and the current version of Oregon’s implied consent rules.
In our work, we look at your prior record, the date of arrest, and the details on the Implied Consent Combined Report to estimate what suspension DMV will pursue. We explain that these examples are typical patterns, not promises, and that the exact outcome depends on your history and how the hearing officer rules. Knowing the range of possible penalties gives you a clearer picture of why the DMV hearing matters and how refusal may affect your criminal DUII case.
The 10-Day Deadline To Request Your DMV Implied Consent Hearing
One of the biggest shocks for most people is how fast the DMV side of the case moves. After a breath test refusal in Oregon, you typically have only 10 days from the date of your arrest to request an implied consent hearing. That short window is printed on your paperwork, but it is easy to miss when you are exhausted, scared, and trying to get back to normal life.
The Implied Consent Combined Report usually includes a section or form that can be used to request a hearing. Some people mail this to the DMV themselves. Others try to call the DMV. Each method has its own rules, and DMV expects your request to arrive on time. If DMV does not receive a proper hearing request within about 10 days, the suspension listed on your paperwork usually goes into effect on the start date printed on the temporary permit, with no chance for a hearing.
When people contact us quickly after a refusal, we usually take over the hearing request process for them. We review the paperwork as soon as possible, confirm the deadline date, and then submit the hearing request in a way that allows us to document when it was sent. This protects your right to a hearing and gives us a chance to review the police report and plan how to challenge the suspension.
Missing this deadline is often the biggest unforced error we see. Drivers assume they can deal with it once the court date arrives, or they think talking to the prosecutor later will fix everything. The DMV process does not work that way. Preserving your right to a hearing within that short window is the foundation of defending your license after a breath test refusal.
What Really Happens At A DMV Implied Consent Hearing
Many people picture a DMV implied consent hearing as a full courtroom trial. In reality, these hearings in Oregon are often held by phone or video, with a DMV hearing officer acting as the decision-maker. The arresting officer usually appears by phone as well. You have the right to have a lawyer with you at the hearing, and your lawyer can question the officer and present arguments on your behalf.
The hearing officer does not decide whether you are guilty of DUII. The questions are narrower. They typically include whether the officer had reasonable grounds to believe you were driving under the influence, whether you were lawfully arrested, whether you were advised of the implied consent rights and consequences, and whether you refused the test after those warnings. If any of these key steps were not done correctly, the hearing officer can set aside the suspension, which means DMV will not impose the implied consent suspension based on that refusal.
From our perspective, the hearing is both a chance to fight the suspension and an early look at the State’s case. We can cross-examine the officer about details that do not always appear clearly in the written report, such as how the traffic stop unfolded, exactly what instructions were given during field sobriety tests, and the precise wording and timing of the implied consent warnings. Sometimes, problems with the stop or with the warnings emerge that can lead the hearing officer to rule in your favor at DMV.
Even when the hearing officer upholds the suspension, the hearing often produces valuable sworn testimony. That testimony can highlight inconsistencies or weaknesses in the officer’s account that we can use in the criminal DUII case, for motions or at trial. Because we have handled implied consent hearings for many years in cases out of Clackamas County, we know how to prepare you for what to expect, how to frame the key issues, and how to make the hearing work for your larger defense strategy.
How A Refusal Affects Your Clackamas County DUII Case
The DMV case and the criminal DUII case move on separate tracks, but they constantly influence each other. In the criminal case, the Clackamas County prosecutor can usually present your refusal to the judge or jury as evidence. They may argue that you refused because you believed the test would show you were over the legal limit, or that refusal shows consciousness of guilt. That can sound damaging on its face.
We look at the bigger picture. People refuse breath tests for many reasons, including fear of machines, distrust of the process, medical concerns, misunderstandings, or panic. We work with you to explain the context of your decision and, where appropriate, counter the assumption that refusal automatically means guilt. At the same time, we evaluate how the evidence from the DMV hearing can be used to challenge parts of the criminal case, such as the basis for the traffic stop or the strength of the officer’s observations.
Losing or winning at DMV does not decide the outcome of the criminal DUII case. There are situations where the suspension is upheld, but the criminal charge is later reduced or dismissed, and the opposite can happen as well. When we plan your defense, we treat the refusal, the implied consent paperwork, and the hearing transcript as evidence that can cut both ways. Our job is to use each piece to your advantage as much as possible in Clackamas County court.
Because we regularly appear before local judges and negotiate with local prosecutors, we understand how refusals tend to be viewed compared to high breath test results. That local insight helps us advise you on plea options, risks of trial, and what steps, such as treatment or community work, may improve how your case is seen.
License Suspension, Hardship Permits, And Your Daily Life
A refusal-based suspension from DMV is not just a line on paper. It can affect your job, your ability to get children to school, and your capacity to attend treatment or medical appointments. For many drivers facing a first refusal, the proposed suspension period can mean a substantial time without a full license. For some, no driving at all is allowed for an initial stretch, then only restricted driving later.
Oregon law sometimes allows hardship permits that let you drive for specific purposes during part of a suspension, such as going to and from work, school, or treatment. Whether a hardship permit is available after a refusal, and when it might begin, depends on factors like your prior DUII history, the length of the suspension, and whether there are any other holds on your license. Many hardship permits also require an ignition interlock device on your vehicle and proof of certain insurance coverage.
Because these rules can change and because each person’s record is different, we do not give one-size-fits-all answers online. Instead, we review your driving history and your current charges to see what kind of permit might be realistic and when. We then help you understand what documents and steps are involved if a hardship permit is an option, so you can plan for work, childcare, and treatment.
Thinking through these practical issues early can reduce some of the fear about how you will manage daily life. Our goal is not only to address the legal case, but also to map out how you can meet your obligations while staying within the law during any suspension period.
Addressing Alcohol And Mental Health Issues After A Refusal
Many breath test refusals happen in moments of panic or in the middle of long-running struggles with alcohol, drugs, anxiety, or depression. Being arrested, handcuffed, and asked to blow into a machine can trigger powerful reactions. If this arrest feels like a wake-up call, you are not alone, and you are not the first person to feel that way after a DUII stop in Clackamas County.
Court and DMV officials often look differently at someone who is actively taking steps to address underlying issues. Entering an alcohol and drug assessment, starting treatment, or joining a recovery program soon after a refusal can become part of the story we present on your behalf. Treatment records, letters from counselors, and consistent participation can show that you are taking responsibility and working to reduce the risk of future problems.
Our practice has a long history of connecting legal defense with recovery from addiction and mental health issues. We draw on community relationships and our understanding of local programs to help clients find support that fits their situation. When we talk with prosecutors and judges, we often highlight genuine recovery progress as a reason to consider treatment-focused resolutions instead of simply stacking up punishment.
This approach does not erase the refusal or the arrest, and it does not guarantee any particular outcome. However, it can shift how decision-makers see you, from a paper file defined only by an arrest report, to a person who is using a difficult experience as a turning point. That shift can matter both for legal consequences and for your own long-term well-being.
When To Contact A DUII Attorney After A Breath Test Refusal
Timing matters after a DUII arrest and breath test refusal in Clackamas County. The DMV hearing request window is short, usually about 10 days from the date of arrest, and the criminal case will follow on its own schedule. The sooner we can review your paperwork, the earlier we can protect your right to a hearing, identify key issues in the officer’s report, and talk with you about treatment or other positive steps.
When you contact James O'Rourke online, we start by going through the implied consent paperwork you received and confirming the critical dates. We talk about your driving history, your job, and your family responsibilities so we can explain how the proposed suspension and any possible hardship options may affect you. We also discuss how the DMV process and the criminal DUII case fit together, and what to expect from the Clackamas County courts.
For more than four decades, our firm has focused on criminal defense and DUII cases in the Portland area. We know how stressful this situation is, and we approach each case with both legal strategy and compassion. Our team is available around the clock for emergencies, because deadlines do not pause for weekends or holidays, and questions often hit hardest at night once the adrenaline wears off.
If you refused a breath test in Clackamas County and are worried about your license, your job, and your future, you do not have to sort this out alone. We can help you understand your options, request your DMV hearing on time, and build a defense that takes both the law and your life into account.
Call (503) 506-2836 now to talk with us about your breath test refusal and your next steps.