OAR 735-070-0055: Withdrawal of Implied Consent Forms by Police Agency

(1) Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) shall allow the withdrawal of any form issued under ORS 813.100 when DMV receives written notice from the original reporting police agency or, if the police agency no longer exists, from the district attorney’s office in the jurisdiction of the originating police agency. The notice of withdrawal shall: (a) State which requirements under ORS 813.120 were not met; (b) Be written on official police agency letterhead or on letterhead of the district attorney’s office if the police agency no longer exists; (c) Be signed by the head of the police agency that issued the form or another superior officer in the agency, or the district attorney or the district attorney’s designee if the police agency no longer exists; (d) State the name of the person to whom any form issued under ORS 813.100 was issued and the date of the arrest; and (e) Be submitted to DMV. (2) DMV shall not allow the withdrawal of any form issued under ORS 813.100 if an Implied Consent hearing has been held and a final order has been issued.