Breath-Test Failure Does Not Always End the Road for Oregon Drivers

A failed breath test triggers rapid license action, yet precise timing and paperwork often keep the wheels turning.

Administrative suspension at DMV

Under Oregon’s implied-consent law the Department of Motor Vehicles mails a notice that a ninety-day suspension will start thirty days after arrest. That countdown stops only if the driver requests an implied-consent hearing within ten days of the arrest. The hearing can be requested by fax or through DMV’s online portal.

Reinstatement window
If the hearing does not overturn the suspension, the full ninety-day term begins on day thirty. After it ends, the driver may apply for reinstatement by filing SR-22 insurance and paying a reinstatement fee. Earlier driving is possible with a hardship permit after thirty days of the suspension, provided an ignition interlock device is installed and SR-22 coverage remains active.

Criminal case moves on its own track

While DMV handles the administrative side, the district attorney pursues the criminal charge in circuit court. Many first-time defendants enter Oregon’s diversion program to avoid a conviction. Successful diversion blocks the one-year court suspension that follows a conviction, but it does not erase the DMV penalty already in place for the failed test.

Requirements for legal driving during diversion

• Valid license
  A license remains inactive until DMV reinstates it or issues a hardship permit—even if the court accepts diversion.
• SR-22 insurance
  Proof of financial responsibility must stay in force during the suspension and often for three years afterward. A lapse cancels the privilege to drive.
• Ignition interlock device
  State law requires an interlock on every vehicle operated while on a hardship permit or during diversion. Tampering or missed data reports trigger new sanctions.

Missing any item can extend the suspension and generate fresh charges.

Key points to remember

• The ninety-day DMV penalty begins thirty days after arrest unless reversed at an implied-consent hearing.
  • Diversion shields a driver from a court suspension but never cancels a DMV action already on the record.
  • Reinstatement or hardship driving always demands a current license, active SR-22 coverage, and a working ignition interlock device.

Prompt hearing requests and strict compliance with DMV deadlines protect driving privileges and prevent costly extensions.