Oregon Suspension/Revocation/Cancellation Guide

Transcription

1 Oregon Suspension/Revocationlation Guide Implied Consent (IC) (ORS ) TYPE LENGTH HARDSHIP WAIT Breath/Blood/Urine Test Refusal 1 year 9 Breath/Blood/Urine Test Refusal Increased 3 years 3 years BAC Failure 9 3 BAC Failure Increased 1 year 1 year Urine Test Refusal (Consecutive suspension) 1 years 18 Urine Test Refusal Increased (Consecutive suspension) 3 years 3 years Suspension lengths are increased if any of the following occurred in Oregon or any other jurisdiction within 5 years prior to current arrest: DUII conviction; participation in a diversion or similar alcohol or drug program; or a suspension of driving privileges under the Implied Consent Law. A suspension for refusing to take a urine test shall be consecutive to any other suspension imposed under the Motorist Implied Consent law and the wait time for a hardship permit shall double. (ORS ) A court may impose a fine of $650 if the person refuses to submit to a breath or urine test. This is separate from any other court fine resulting from the DUII arrest. A person may be suspended for the same offense under the IC laws and the DUII laws. IC actions are DMV administrative suspensions separate from any suspension or revocation imposed by a court on the DUII conviction for the same offense. Wait times for a hardship permit begin when the suspension begins. Any wait time served on a DUII/IC suspension resulting from the same offense will be credited to the wait time for the corresponding DUII/IC suspension. DUII (ORS ) CONVICTION ORDERED BY TYPE LENGTH HARDSHIP WAIT DUII- 1 st Conviction Suspension 1 year * 2 nd w/in 5 yrs Suspension 3 years 9 3 rd or Felony DUII ORS (2), Revocation **Permanent DUII by Controlled Substance or Inhalant ORS This suspension is in addition to the (1 or 3 year) suspension or permanent revocation noted above for the DUII conviction. C Suspension 6 months * There is a 30 day wait time if the person has been convicted of a separate traffic crime within the previous year. **A person may petition the court to restore driving privileges after 10 years from the revocation effective date. CRIMINAL CONVICTIONS CONVICTION ORDERED BY TYPE LENGTH HARDSHIP WAIT Aggravated Driving While Suspended or Revoked Revocation Not<10 (DWS/ DWR) ORS , (2) years Assault Resulting from the Operation of a Motor Vehicle First Degree ORS , (1)(a) Second Degree ORS , (10)(b) Third Degree ORS , (10)(c) Fourth Degree ORS , (10)(d) Attempt to Elude Police ORS , (5) Criminal Mischief Resulting from Op of MV ORS , , , (2) Criminal Trespass II w/mv ORS , (8) DWS / DWR (Felony) ORS (5), DUII ORS Suspension Not<8 yrs Suspension Not<5 yrs Suspension Not<1 year 4 year 2 year 6 months Suspension 6 months Revocation 1 year See DUII section above

2 CRIMINAL CONVICTIONS (Continued from page 1) CONVICTION ORDERED BY TYPE LENGTH HARDSHIP WAIT Failure to Perform Duties of a Driver Revocation Injury 1 yr Injury/Serious Injury/Fatal ORS , (3) Serious-not<3 yrs Fatal-not<5 yrs Failure to Perform Duties of a Driver Property Damage ORS , (4) False Affidavit to DOT re: registration/operation MV Revocation 1 year laws ORS (4) False App for DL or ID Suspension 1 year ORS , , (3)(a) False Info to Police Officer Enforcing MV Laws Suspension 1 year ORS , (3)(h) False Swearing to Receive DL Suspension 1 year ORS , (3)(b) Fleeing Police Officer ORS , (5) Hit and Run See Failure to Perform Duties of a Driver on page 1 Aggravated Vehicular Homicide ORS , (1)(a) Criminally Negligent Homicide Resulting from Op of MV ORS , (1)(a) Manslaughter 1 st or 2 nd Degree Resulting from OP of MV ORS , , (1)(a) Murder (any Degree) w/mv used as a dangerous weapon ORS (1)(a) ALL - Vehicular Homicide, Murder resulting from Op of a MV, Aggravated DWS or DWR, Assault I, Criminally Negligent Homicide or Manslaughter ORS (2) Menacing Resulting from Operation of MV ORS , (2) Minor in Possession by Misrepresentation of Age ORS (5), ORS (8) Misrepresentation of Age to Purchase/Consume Alcohol ORS (3), ORS (8) Permit Misuse of DL or ID ORS , , (3)(d) Reckless Driving ORS , (3) HOMICIDE Reckless Endangering Resulting from Op of MV ORS , (2) Reckless Endangerment of Highway Workers ORS , (6) Perjury to DOT re: laws on registration/operation of MV ORS (4) Theft (1 st, 2 nd or 3 rd Degree) of Gasoline ORS , , , (7) Transfer of Docs for the Purpose of Misrepresentation ORS , (3)(g) Unlawfully Producing ID/DL/Permits, Etc. ORS , (3)(f) Using DL or ID of Another ORS , , (3)(e) Using Invalid DL or ID ORS , , (3)(c) Unlawful Use of MV (Felony) ORS (5) Vehicular Assault of Bicyclist/Pedestrian ORS , (10)(d) Any Offense Involving manufacturing, possession or delivery of controlled substance (exception for possession of less than an ounce of marijuana) ORS Any Felony w/material Element Involving Op of Motor Vehicle ORS (5) Guilty Except for Insanity of Traffic Offense and Committed to PSRB ORS (6) OTHER DMV Revocation Not<10 yrs C 2 Suspension Not >1 yr Suspension Not >1 yr Suspension 1 year Revocation 1 year Not eligible Suspension 6 months Suspension 1 year Not eligible Suspension 1 year Suspension 1 year Suspension 1 year Revocation 1 year Suspension Not<1 year 6 months Suspension 6 months Revocation 1 year Suspension Until Eligible ORS

3 JUVENILE CAUSE ORDERED BY TYPE LENGTH HARDSHIP Any Offense Involving (ORS ): Alcohol - Possession, Use or Abuse (13-20 years of age) A Suspension See below Eligible for either Hardship Controlled Substance - Unlawful Possession, Permit or Manufacture, or Distribution (13-17 years of age) Emergency Driver Permit Possession of Weapon in a Public Building or School (13-17 years of age) The suspension remains in effect for : ( (6)) 1 year or until the juvenile turns 17 years old, whichever is longer, if it is the juvenile s 1 st order 1 year or until the juvenile turns 18 years old, whichever is longer, if it is the juvenile s 2 nd or subsequent order Note: If the person is years of age, suspension is for 1 year because the until 17 or until 18 options do not apply On all above actions, the court may reinstate privileges after 9 (18 if controlled substance offense) for 1 st conviction; 1 yr on 2 nd or subsequent conviction (ORS ) Failure to Appear on MIP ORS , 419C.472 MIP by Misrepresentation of Age ORS (5), ORS (8) Misrepresentation of Age to Purchase/Consume Alcohol ORS (3), ORS (8) Withdrawal from School ORS (3) Withdrawal of Parent/Guardian License Approval ORS School Administration Suspension ORS , (1) Tobacco Purchase/Possession by Misrep of Age (2 nd or subsequent offense) ORS , (2) A Suspension Not >10 yrs No Suspension Not >1 year Yes Suspension Not >1 year Yes School District Suspension Until enrolled Form or 18 yrs old DMV Cancel Until reapproved or 18 yrs old School District Form A No No Suspension Not > 1 yr or Until 21 yrs old Yes Suspension Not > 1 year Yes DMV DRIVER IMPROVEMENT PROGRAMS CAUSE TYPE LENGTH HARDSHIP Adult Driver Improvement Program: Three convictions, three accidents, Restriction 3 No ORS , OAR or a combination that totals three, in an 18-month period. Four convictions, or four accidents, Suspension 3 Yes or a combination that totals four, in a 24-month period. Provisional (under 18 yrs) Driver Two convictions, two accidents, or Restriction 9 No Improvement Program: ORS , OAR a combination that totals two. Three convictions, or three Suspension Six months Yes accidents, or a combination that totals three. A conviction for a traffic crime, such Suspension One year Yes as DUII, Reckless driving, etc. Habitual Incompetent, Reckless, or Criminally Negligent Suspension Indefinite Driver/Serious Violation of MV Laws ORS (1) Habitual Offender Program: Two convictions or a combination that totals Restriction --- No ORS , , , (2), two, within a 5-year period for DUII; Criminal DWS/DWR; Reckless driving; Failure to perform duties of a driver; Flee/Attempt to elude; Vehicular homicide; Aggravated DWS/DWR, Murder, Manslaughter, Negligent homicide, Assault, Reckless endangering, Menacing or Criminal mischief resulting from operation of a MV. Nineteen convictions within a five-year period. Restriction --- No 3

4 DMV DRIVER IMPROVEMENT PROGRAMS (Continued from page 3) CAUSE TYPE LENGTH HARDSHIP Habitual Offender (continued) Three convictions or a combination that totals three, within a 5-year period for DUII; Criminal DWS/DWR; Reckless driving; Failure to perform duties of a driver; Flee/Attempt to Revocation Not < 5 yrs No, but may be eligible for a Probationary Permit elude; Vehicular homicide; or Murder, manslaughter, negligent homicide, assault, reckless endangering, menacing or criminal mischief resulting from operation of a MV. Twenty convictions within a five-year period. Revocation Not < 5 yrs No, but may be eligible for a Probationary Permit NON-CRIMINAL CAUSES CAUSE ORDERED BY TYPE LENGTH HARDSHIP Accident Cause or Contribute to Death by Operating DMV Suspension 1 year No a MV DMV Determined Immediate Endangerment ORS (3)(c) Accident Cause or Contribute to Death by Operating DMV Suspension 1 year Yes a MV ORS (3)(a) Accident Report Fail to File ORS (1) DMV Suspension Not > 5 yrs Yes Careless Driving w/serious Injury/Death to Suspension 1 year Yes Vulnerable User ORS , (13) Driver Improvement Course Order to Complete Suspension Not > 5 yrs Yes B ORS Failure to Appear for Major or Other Traffic Offense Suspension Not >10 yrs No ORS , ORS (4) Failure to Install/Use Ignition Interlock DMV Suspension Not > 5 yrs Yes ORS (7) Failure to Make Future Responsibility Filing DMV Suspension Not > 3 yrs No ORS (3) Failure to Obtain Medical Clearance DMV Suspension Indefinite No ORS (2), , Failure to Pay Child Support ORS , DOJ or DA Suspension Indefinite No Failure to Pay Traffic Offense Fine ORS Suspension Not > 20 yrs No Failure to Appear or Satisfactorily Complete Required DMV Suspension Indefinite No Exam ORS (1) False Certification of Financial Responsibility DMV Suspension Not > 3 yrs No ORS (2) Hospital Notice of Mental Condition DMV Suspension Indefinite No ORS (5), Incompetence to Drive MV Because of Mental/Physical DMV Suspension Indefinite No Condition ORS (3), (5) Motor Vehicle Registration Order Vehicle Up to 120 No Form ORS (Suspension only impacts vehicle registration Suspension days not driving privileges) Tampering of Ignition Interlock Device ORS (7) DMV Suspension Not > 5 yrs Yes Uninsured Accident ORS (2) DMV Suspension 1 year Yes Unsettled Judgment ORS (1) Suspension Not > 7 yrs Yes Form Violation of Driving Restrictions ORS (3) DMV Suspension Not > 1 yr No Incompetence to Operate Motorcycle ORS (4) DMV Revocation Indefinite No Speeding: Speeding over 30 mph and Suspension Up to 30 Yes C ORS (4)(5), has a previous speeding days conviction within 12 months. Speeding over 100 mph. C Suspension 30-9 Yes COMMERCIAL DRIVER LICENSE (CDL) / COMMERCIAL MOTOR VEHICLE (CMV) 4

5 CAUSE TYPE LENGTH HARDSHIP Implied Consent: Breath/Blood/Urine Test Refusal While operating a commercial motor Breath/Blood/Urine Test Refusal Suspension 5 years No vehicle (>.04% BAC) ORS (2), Transporting Hazardous Material Breath/Blood/Urine Test Refusal Suspension Lifetime No Increased BAC Failure Suspension 1 year No BAC Failure Transporting Hazardous Material BAC Failure Increased Suspension Lifetime No DUII: 1 st conviction Suspension 1 year No While operating a commercial motor 1 st conviction Transporting vehicle. ORS , Hazardous Material 2 nd or subsequent conviction Suspension Lifetime No Driving CMV While Suspended/Revoked for CMV Violations Suspension 1 year No ORS (4) Driving CMV While Suspended/Revoked for CMV Violations Transporting Hazardous Material ORS (4) Failure to File a Tax Return or Pay a Tax ORS Suspension Indefinite No Failure to Pay Child Support ORS , Suspension Indefinite No Failure to Perform Duties of a Driver ORS (1), , Suspension 1 year No Failure to Perform Duties of a Driver Transporting Hazardous Material ORS (1), , Felony Involving Op of MV ORS (2) Suspension 1 year No Felony Involving Op of MV Transporting Hazardous Material ORS (2) Hit & Run Injury/Property ORS (1) See Failure to Perform Duties above Imminent Hazard ORS (8) Suspension Not>1 year No Murder/Manslaughter/Criminally Negligent Homicide or Assault Suspension 1 year No Conviction while in CMV ORS (5) Murder/Manslaughter/Criminally Negligent Homicide or Assault Conviction while in CMV Hazardous Material ORS (5) Out-of-Service Order Violation ORS (7) Suspension 18 or No 3 years Out-of-Service Order Violation Transporting Hazardous Material Suspension 1 year or No ORS (7) 5 years Railroad Related Violation ORS , , , , Suspension 6, No 12 or 1 year Serious Traffic Violation Two or three convictions within a 3-year period Suspension 2 6 No ORS (6) 3 12 Use of Commercial MV in felony involving Manufacture/Distribution of Suspension Lifetime No Controlled Substance ORS (3), ORS (3) Violation of Posted Weight Limits ORS (1) Suspension Not>9 No Two or more below circumstances in any combination (ORS (2): DUII Conviction in MV or CMV Implied Consent Breath Test Refusal in MV or CMV Implied Consent Suspension (>.04% in CMV) Failure to Perform Duties of a Driver in MV or CMV Felony Conviction in MV or CMV DWS/DWR Conviction in MV while suspended or revoked for CMV Violation Murder/Manslaughter/Criminally Negligent Homicide/Aggravated Driving While Suspended or Revoked, or Assault Conviction while in CMV Suspension Lifetime No 5

6 MISCELLANEOUS INFORMATION Incarceration Other than Habitual Offender, any suspension or revocation Length noted with not< indicates the time length is established by the persons release from incarceration. If the sentencing included incarceration, the end date is the time length noted from the date of release. If the sentencing did not include incarceration, the time length is the time length noted from the beginning date of the revocation or suspension. Out-of-Jurisdiction DMV may suspend driving privileges and/or commercial driver license if driver is suspended or revoked out-of-state or based on an out-of-state conviction. ORS , Suspension Schedule (ORS ) Schedule I Schedule II 1 st Offense 9 1 year 2 nd Offense 1 year 3 years 3 rd or subsequent 3 years 3 years w/in 5 years Possession of License (ORS and ) A court shall take immediate possession of any license or driver permit held by a defendant upon ordering a suspension or revocation under: ORS ORS ORS ORS ORS ORS ORS ORS ORS ORS ORS ORS ORS ORS ORS Hardship Wait Times Oregon Revised Statutes , and Last Revised: 08/14 6