Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card

ORS 809.235
Permanent revocation of driving privileges upon conviction of certain crimes

restoration of privileges

Text
Annotations 5

(1)

(a) Notwithstanding ORS 809.409 (Revocation for conviction of crime) (2), the court shall order that a person’s driving privileges be permanently revoked if the person is convicted of any degree of murder and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim, or if the person is convicted of aggravated vehicular homicide, manslaughter in the first or second degree resulting from the operation of a motor vehicle, criminally negligent homicide resulting from the operation of a motor vehicle or assault in the first degree resulting from the operation of a motor vehicle.

(b)

The court shall order that a person’s driving privileges be permanently revoked if the person is convicted of felony driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or if the person is convicted for a third or subsequent time of any of the following offenses in any combination:

(A)

Driving while under the influence of intoxicants in violation of:

(i)

ORS 813.010 (Driving under the influence of intoxicants); or

(ii)

The statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction.

(B)

A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination thereof.

(C)

A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

(c)

For the purposes of paragraph (b) of this subsection, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

(2)

(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the county in which the person’s driving privileges were revoked for an order restoring the person’s driving privileges. A petition may be filed under this subsection no sooner than 10 years after the person is:

(A)

Released on parole or post-prison supervision for the crime for which the person’s driving privileges were revoked and any other crimes arising out of the same criminal episode;

(B)

Sentenced to probation for the crime for which the person’s driving privileges were revoked, unless the probation is revoked, in which case the petition may be filed no sooner than 10 years after the date probation is revoked; or

(C)

Sentenced for the crime for which the person’s driving privileges were revoked, if no other provision of this paragraph applies.

(b)

Notwithstanding paragraph (a) of this subsection, if during the revocation period for the crime for which the person was convicted the person is convicted of a criminal offense involving a motor vehicle, the person may file a petition to restore driving privileges as described in paragraph (a) of this subsection no sooner than 10 years from the date of the most recent conviction involving a motor vehicle.

(c)

The district attorney of the county in which the person’s driving privileges were revoked shall be named and served as the respondent in the petition.

(3)

The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:

(a)

The nature of the offense for which driving privileges were revoked.

(b)

The degree of violence involved in the offense.

(c)

Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.

(d)

The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.

(e)

Any other relevant factors.

(4)

The court shall order a petitioner’s driving privileges restored if, after a hearing described in subsection (3) of this section, the court finds by clear and convincing evidence that the petitioner:

(a)

Is rehabilitated;

(b)

Does not pose a threat to the safety of the public; and

(c)

If the sentence for the crime for which the petitioner’s driving privileges were revoked required the petitioner to complete an alcohol or drug treatment program, has completed an alcohol or drug treatment program in a facility approved by the Director of the Oregon Health Authority or a similar program in another jurisdiction.

(5)

Upon receiving a court order to restore a person’s driving privileges, the department may reinstate driving privileges in accordance with ORS 809.390 (Period of revocation), except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings. [1993 c.761 §2; 1995 c.661 §2; 2001 c.786 §1; 2003 c.346 §2; 2003 c.402 §22; 2005 c.436 §1; 2007 c.879 §4; 2009 c.320 §1; 2011 c.355 §12; 2011 c.554 §1; 2017 c.21 §78]

Notes of Decisions

Under Former Similar Statute (Ors 809.410)

License revocation is remedial measure not constituting punishment for underlying offense. Mannelin v. DMV, 176 Or App 9, 31 P3d 438 (2001), aff'd 336 Or 147, 82 P3d 162 (2003)

In General

License revocation is remedial measure not constituting punishment for underlying offense. State v. Vazquez-Escobar, 211 Or App 115, 153 P3d 168 (2007), Sup Ct review denied

Permanent revocation of driving privileges of person convicted of felony while driving under influence of intoxicants or of multiple driving under influence of intoxicants offenses applies to person convicted of felony or offenses while operating bicycle under influence of intoxicants. State v. Abbey, 239 Or App 306, 245 P3d 152 (2010), Sup Ct review denied

Driving under influence of intoxicants conviction under law in effect prior to 1986 adoption of current vehicle code counts as predicate offense for purposes of permanently revoking person's driving privileges. State v. Kellar, 349 Or 626, 247 P3d 1232 (2011)

Conviction for driving under influence of intoxicants under [former] ORS 487.540 is predicate offense for permanent revocation of person's driving privileges under this provision. State v. Danby, 256 Or App 599, 301 P3d 958 (2013), Sup Ct review denied