Rules of the Road for Drivers

ORS 811.175
Violation driving while suspended or revoked

  • penalties


A person commits the offense of violation driving while suspended or revoked if the person does any of the following:


Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation.


Drives a motor vehicle outside the limitations of a hardship driver permit issued under ORS 807.240 (Hardship permit).


Drives a commercial motor vehicle upon a highway during a period when the person’s driving privileges or commercial driving privileges have been suspended or revoked in this state or any other jurisdiction.


Affirmative defenses to the offense described in this section are established under ORS 811.180 (Affirmative defenses).


The offense described in this section is applicable upon any premises open to the public.


The offense described in this section, violation driving while suspended or revoked, is a Class A traffic violation except as otherwise provided in ORS 811.182 (Criminal driving while suspended or revoked). [1983 c.338 §598; 1985 c.16 §304; 1987 c.730 §1; 1987 c.801 §9; 1989 c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999 c.1051 §90; 2009 c.395 §10; 2018 c.76 §12]

Notes of Decisions

Legislature intended that separate sentences were permissible for driving under influence of intoxicants and driving while suspended when they arise out of same driving episode. State v. Hale, 80 Or App 361, 722 P2d 1269 (1986)

Defendant in driving while suspended case is entitled to collaterally attack underlying convictions on which habitual traffic offender status is based. State v. Gilbert, 87 Or App 484, 742 P2d 713 (1987)

Where defendant volunteered information about automobile accident, stated that he had been driving and that he was driving in violation of restrictions placed on his driver license, provided his driver license number, made statement about cause of accident and statements regarding restrictions on license, such evidence, in prosecution for driving while suspended, was "some proof" other than defendant's confession which corroborated confession that he had been driving. State v. Manzella, 88 Or App 258, 744 P2d 1321 (1987), aff'd 306 Or 303, 759 P2d 1078 (1988)

Where there is no evidence that defendants' driver licenses were suspended or revoked for any reason in ORS 811.182, which would make offenses misdemeanors, and defendants were tried in district court, which does not have felony jurisdiction, court only had statutory authority to enter judgments for infraction driving while suspended or revoked under this provision. State v. Conlon/Manning, 108 Or App 141, 813 P2d 1132 (1991)

Defendant's guilty plea to driving infraction of driving uninsured did not preclude prosecution for driving while suspended or revoked. State v. Lazaro, 113 Or App 330, 832 P2d 1259 (1992), Sup Ct review denied

Misdemeanor driving while suspended is not lesser included charge of felony driving while suspended. State v. Edwards, 123 Or App 519, 860 P2d 846 (1993)

Revocation terminates after statutory period so that driver assumes status of being unlicensed but not revoked. State v. Hammerton/Walmsley, 320 Or 454, 886 P2d 1012 (1994)

Where indictment fails to allege driving privileges were suspended in Oregon, identity of suspending entity is material element of offense. State v. Newman, 179 Or App 1, 39 P3d 874 (2002); State v. Crawford, 179 Or App 160, 39 P3d 917 (2002)

Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Last accessed
Jun. 26, 2021