DMV Hearings in Klamath Falls

If you are arrested for a DUII then you will be asked to submit to a breath test. If you fail that breath test or refuse to do the breath test then the DMV will attempt to suspend your license.

If you have never been arrested for DUII before then a failed breath test may result in a 90 day suspension. Alternatively, if you refuse to provide a breath sample then your suspension may be suspended for one year. These suspensions increase significantly if you have been arrested for DUII in the past.

This possible suspension is entirely independent from any suspension you may receive from a Judge when you are charged with the crime of DUII.


The suspension of your driving privileges is not automatic. You are entitled to fight this suspension. You do that by requesting an Implied Consent Hearing. The information on how to do that would have been provided to you by the arresting officer. You can also make the request by going to this website:

You have only 10 days from the date of your arrest to try and fight this DMV suspension, so you should act immediately. If you or your lawyer wins the hearing then there is no suspension from the DMV.


A contested hearing should be requested in every DUII arrest. There are no additional consequences if you have your DMV hearing and lose. I win a significant percentage of them.

In addition to possibly beating your DMV suspension, the hearing itself will be your lawyer’s first chance at learning about the evidence against you. The officer must come to the hearing and testify against you. This will give your lawyer an opportunity to hear the evidence against you. Your lawyer can use this hearing to explore any possible defenses that may be available to you in your criminal case in the future.


As you can see there are many rigid deadlines that exist within your DUII charge. Call me and I will explain these deadlines to you and what you need to do to protect yourself.