The Administrative Process and Going before The Court

If you really want to get into the nuts and bolts and have read all the statutes and court rules regarding matters such as yours, then you'll need to follow all the rules to the letter, crossing all your “T”s and dotting all your “I”s. In many states, the accused must request a DMV Hearing, in the manner required by the Administrative Rules. In Oregon, the DMV must receive the hearing request within ten days of your arrest or the request will be denied. If you are going to court, there are typical preliminary motions which can and should be filed to protect your civil rights - remember, these are called preliminary because they have to be filed before the trial begins:

Motion to suppress evidence on the ground that you were unconstitutionally stopped.
-There must be an actual traffic violation or the officer must articulate specific facts that indicate you are driving under the influence or violating some other law or ordinance.

Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
-There must be a reasonable suspicion that you are committing a crime before your liberty is infringed.

Motion to suppress statements on failure to give Miranda rights.
-Officers are required to administer Miranda rights (the right to remain silent, have an attorney present, etc) before any questioning begins, and any evidence based subject's testimony otherwise obtained is inadmissible. Some states view breath testing as a covered admission protected by Miranda.

Motion for Discovery of all evidence.
-The DA may have evidence which could prove your innocence, this motion will bring it out into the light.

Motion to suppress evidence on grounds that it is inadmissible.
-If the roadside tests were not administered in the manner prescribed, test results may be inadmissible.