Oregon · Holiday season 2026–27

The Oregon Holiday DUII Guide

What to do before you go out, if you're pulled over, and in the first 10 days after an arrest. Written by The Oliveros Law Group, in plain English.

I was just arrested Call 503.335.3800

01

Before you go out

The easiest DUII to deal with is the one that never happens. Decide how you're getting home before the first drink, not after the last one.

  • Book the ride first. Schedule it, or pick the person who is driving and not drinking.
  • Leave the car at home. If it isn't in the parking lot, you can't talk yourself into driving it.
  • It isn't only alcohol. Oregon's law is "driving under the influence of intoxicants." Cannabis, psilocybin and some prescriptions count too.
  • Hosting? Plan for your guests. Offer the couch, line up rides, and stop pouring well before people leave.

Nights to plan for

  • Wed, Nov 25Thanksgiving Eve
  • Thu, Dec 24Christmas Eve
  • Thu, Dec 31New Year's Eve
  • FebruarySuper Bowl Sunday

See how to get a discounted ride home on us

02

If you're pulled over

A traffic stop goes better when you know what is expected of you and what isn't.

  1. Pull over safely and stay put

    Signal, stop somewhere safe, turn off the engine, and keep your hands where the officer can see them.

  2. Hand over your documents

    License, registration and proof of insurance. Keep them somewhere you can reach without digging.

  3. Be polite, and say less

    You can decline to answer questions about where you've been or what you've had to drink. "I'd prefer not to answer questions" is enough.

  4. Know that refusing a test has consequences

    Oregon treats refusing a breath test as its own event, with its own effect on your license. What to do depends on your situation.

  5. Don't argue at the roadside

    Stay calm, don't resist, and ask to speak with a lawyer. The place to challenge the stop is later, with help.

03

You were arrested. The first 10 days matter most.

A DUII arrest starts two separate things: a criminal case in court, and a license suspension at the DMV. They run on different clocks, and the DMV clock is the fast one.

  1. Day 0

    The arrest

    Keep every piece of paper you were handed, including the Implied Consent Combined Report. Write down the date. Everything counts from it.

  2. Day 1

    Get your bearings

    Find your car, write down everything you remember while it's fresh, and stay off social media about it.

  3. Days 1–3

    Talk to a lawyer

    Early is better. A hearing request sent by mail in the last few days may not arrive in time.

  4. Day 10

    The DMV deadline

    After a failed breath test or a refusal, DMV must receive your written hearing request by 11:59 PM on the tenth day after the arrest. DMV does not take requests by phone.

  5. Your court date

    Arraignment

    The date and courthouse are on your citation or release paperwork. This is the criminal case, and it is separate from the DMV.

Blood drawn instead of a breath test? Your deadline comes from the notice DMV mails you. The calculator explains.

Released this morning? Start with your county.

Multnomah County Clackamas County Washington County

04

What happens next

For many people facing a first DUII, the biggest question is whether they can enter Oregon's diversion program.

What diversion is

A one-year agreement with the court. You complete treatment and stay away from intoxicants for the whole period, and the court holds the case while you do.

Who can ask for it

The law lists a set of conditions you must meet. A DUII conviction in the last 15 years, a commercial driver license, or a past felony DUII can each rule it out.

Who decides

The judge. Meeting the conditions lets you ask; the court still chooses whether to accept the petition.

Check if you may be eligible Talk it through: 503.335.3800

05

If someone you love was arrested

You got the call. Here is what helps most in the first day.

  • Find out where they are. Ask which county jail and when they expect to be released.
  • Keep the phone call short. Assume jail calls are recorded. Talk about logistics, not what happened.
  • Write down the arrest date. The 10-day DMV deadline runs from it, whether or not they are home yet.
  • Gather the paperwork. Citation, release papers, tow receipt. A lawyer will ask for all of it.
  • Make the call for them. You can start the conversation with a lawyer before they're released.

Can you get a DUII on a…

Oregon's answers surprise people. We take them one at a time.

E-bike? Rental scooter? Kayak? Riding mower? Edibles?

Common questions

How long do I have to request a DMV hearing?

After a failed breath test or a refusal, Oregon DMV must receive your written request by 11:59 PM on the tenth day after the arrest. If your blood was tested instead, the deadline is on the notice DMV mails you.

Is the DMV hearing the same as my court case?

No. The DMV hearing is only about your license. The court case is about the criminal charge. Each has its own deadlines, and the outcome of one does not decide the other.

What is DUII diversion?

A one-year agreement with the court that includes treatment and no intoxicants. You have to meet the conditions in Oregon law to ask for it, and the judge decides whether to allow it.

Can I request the DMV hearing myself?

Yes. The request has to be in writing, and DMV accepts it online, by fax or by mail, not by phone. A lawyer can also file it for you and represent you at the hearing.

Talk to a defense lawyer today

Offices in Clackamas, Portland and Beaverton.

Call 503.335.3800 Find my DMV deadline

This guide gives general information about Oregon law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different. Oliveros Law Group PC, 9200 SE Sunnybrook Blvd, Suite 335, Clackamas, OR 97015 · 503.335.3800

Call 503.335.3800