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

ORS 809.428
Schedule of suspension or revocation periods for certain offenses


Schedule of suspension or revocation periods for certain offenses.
This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under ORS 809.411 (Suspension for conviction of crime) and 813.400 (Suspension or revocation upon conviction). The schedules are as follows:

(1)

Schedule I. The suspension or revocation periods under Schedule I are as provided in this subsection. The period of suspension or revocation under this schedule shall be:

(a)

Ninety days for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

(b)

One year for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

(c)

Three years for a third or subsequent offense where the commission of the third or subsequent offense and two or more convictions for separate offenses occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

(2)

Schedule II. The suspension or revocation periods under Schedule II are as provided in this subsection. The period of suspension or revocation under this schedule shall be:

(a)

One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

(b)

Three years for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period.

(c)

Three years for a third or subsequent offense, where the commission of the third or subsequent offense and a conviction for a separate offense occur within a five-year period. [Formerly 809.420]

(formerly 809.420)

Notes of Decisions

Where defendant had no prior conviction when citation for driving under influence of intoxicants was issued, court erred in imposing three-year suspension of his driver license. State v. Oeleis, 100 Or App 590, 786 P2d 1322 (1990)


Source

Last accessed
Jun. 26, 2021