ORS 809.510
Conviction of crime
- refusal or failure of blood alcohol test
- suspension in another jurisdiction
(1)
Except as otherwise provided by ORS 809.510 (Conviction of crime) to 809.545 (Administrative review), the Department of Transportation shall suspend the commercial driving privileges of a person for a period of one year when the department receives:(a)
A record of conviction under ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons) of failure to perform the duties of a driver.(b)
A record of conviction of a crime punishable as a felony involving the operation of a motor vehicle.(c)
A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while operating a commercial motor vehicle, the commercial driving privileges of the driver were suspended.(d)
A record of conviction of assault in the first degree, or any degree of criminally negligent homicide, manslaughter or murder, if the conviction results from the operation of a commercial motor vehicle.(e)
A record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked.(f)
A record of conviction for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).(2)
The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a record of a conviction under subsection (1) of this section and the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.(3)
The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS 813.120 (Police report to department) that the person was driving a commercial motor vehicle and submitted to a breath or blood test and the person’s blood, as shown by the test, had 0.04 percent or more by weight of alcohol. The department shall suspend the commercial driving privileges of the person for a period of three years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.(4)
The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a report from a police officer pursuant to ORS 813.120 (Police report to department) that the person was driving a motor vehicle and refused to submit to a test under ORS 813.100 (Implied consent to breath or blood test). The department shall suspend the commercial driving privileges of the person for a period of five years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.(5)
The department shall suspend the commercial driving privileges of a person if the department receives a notice of a conviction in another jurisdiction of an offense that, if committed in this state, would be grounds for the suspension of the person’s commercial driving privileges. The period of suspension under this subsection shall be the same as would be imposed on the person if the conviction were for an offense committed in this state. For the purposes of this subsection, “conviction” means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or in an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or the violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.(6)
The department shall suspend the commercial driving privileges of a person in this state if the department receives a notice from another jurisdiction that the person has had commercial driving privileges suspended or revoked in another jurisdiction for reasons that would be grounds for suspension of the person’s commercial driving privileges in this state. The period of suspension under this subsection is the same as would be imposed on the person if the violation were committed in this state.(7)
If the department receives a record, report or notice under this section for a person who does not hold commercial driving privileges in this state, the department shall suspend the person’s right to apply for commercial driving privileges as provided in ORS 809.540 (Right to apply) (1).(8)
A suspension imposed under this section is consecutive to any other suspension imposed under ORS 809.525 (Serious traffic offenses), 809.530 (Violation of out-of-service order) or 809.535 (Suspension of commercial driver license for specified rail crossing violations) if the suspensions do not arise out of the same incident. [2013 c.237 §4](a)
A record of conviction under ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons) of failure to perform the duties of a driver.(b)
A record of conviction of a crime punishable as a felony involving the operation of a motor vehicle.(c)
A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while operating a commercial motor vehicle, the commercial driving privileges of the driver were suspended.(d)
A record of conviction of assault in the first degree, or any degree of criminally negligent homicide, manslaughter or murder, if the conviction results from the operation of a commercial motor vehicle.(e)
A record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked.(f)
A record of conviction for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).(g)
A record of diversion under ORS 813.230 (Diversion agreement).(2)
The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a record of a conviction under subsection (1) of this section and the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.(3)
The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS 813.120 (Police report to department) that the person was driving a commercial motor vehicle and submitted to a breath or blood test and the level of alcohol in the person’s blood was 0.04 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood. The department shall suspend the commercial driving privileges of the person for a period of three years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.(4)
The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS 813.120 (Police report to department) that the person was driving a motor vehicle and submitted to a breath or blood test and the level of alcohol in the person’s blood was 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood.(5)
The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a report from a police officer pursuant to ORS 813.120 (Police report to department) that the person was driving a motor vehicle and refused to submit to a test under ORS 813.100 (Implied consent to breath or blood test). The department shall suspend the commercial driving privileges of the person for a period of five years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.(6)
The department shall suspend the commercial driving privileges of a person if the department receives a notice of a conviction in another jurisdiction of an offense that, if committed in this state, would be grounds for the suspension of the person’s commercial driving privileges. The period of suspension under this subsection shall be the same as would be imposed on the person if the conviction were for an offense committed in this state. For the purposes of this subsection, “conviction” means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or in an authorized administrative tribunal, entry into a diversion program, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or the violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.(7)
The department shall suspend the commercial driving privileges of a person in this state if the department receives a notice from another jurisdiction that the person has had commercial driving privileges suspended or revoked in another jurisdiction for reasons that would be grounds for suspension of the person’s commercial driving privileges in this state. The period of suspension under this subsection is the same as would be imposed on the person if the violation were committed in this state.(8)
If the department receives a record, report or notice under this section for a person who does not hold commercial driving privileges in this state, the department shall suspend the person’s right to apply for commercial driving privileges as provided in ORS 809.540 (Right to apply) (1).(9)
A suspension imposed under this section is consecutive to any other suspension imposed under ORS 809.525 (Serious traffic offenses), 809.530 (Violation of out-of-service order) or 809.535 (Suspension of commercial driver license for specified rail crossing violations) if the suspensions do not arise out of the same incident.
Source:
Section 809.510 — Conviction of crime; refusal or failure of blood alcohol test; suspension in another jurisdiction, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html.
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