Rules of the Road for Drivers

ORS 811.182
Criminal driving while suspended or revoked

  • penalties

(1)

A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 (Violation driving while suspended or revoked) and the suspension or revocation is one described in this section, or if the hardship permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.

(2)

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

(3)

The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.

(4)

The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:

(a)

A suspension under ORS 809.411 (Suspension for conviction of crime) (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.

(b)

A suspension under ORS 813.410 (Suspension upon receipt of police report on implied consent test) resulting from refusal to take a test prescribed in ORS 813.100 (Implied consent to breath or blood test) or for taking a breath or blood test the result of which discloses a blood alcohol content of:

(A)

0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

(B)

0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

(C)

Any amount if the person was under 21 years of age.

(c)

A suspension of commercial driving privileges under ORS 809.510 (Conviction of crime) resulting from failure to perform the duties of a driver under ORS 811.700 (Failure to perform duties of driver when property is damaged).

(d)

A suspension of commercial driving privileges under ORS 809.510 (Conviction of crime) (6) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100 (Implied consent to breath or blood test).

(e)

A suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges).

(f)

A revocation resulting from habitual offender status under ORS 809.640 (Procedures on habitual offender determination).

(g)

A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.

(h)

A suspension for failure to perform the duties of a driver under ORS 811.705 (Failure to perform duties of driver to injured persons).

(i)

A suspension for reckless driving under ORS 811.140 (Reckless driving).

(j)

A suspension for fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(k)

A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).

(L)

A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.

(5)

In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.
(6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.

(b)

Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:

(A)

Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or

(B)

Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97; 2013 c.237 §26; 2013 c.649 §3; 2018 c.76 §13]
Note: The amendments to 811.182 (Criminal driving while suspended or revoked) by section 113, chapter 630, Oregon Laws 2021, become operative January 1, 2023, and apply to conduct leading to driving privilege sanctions imposed on or after January 1, 2023. See sections 124 and 169, chapter 630, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.

Notes of Decisions

Defense of guilty except for insanity is available to persons charged under this section. State v. Olmstead, 310 Or 455, 800 P2d 277 (1990)

Where there is no evidence that defendants’ driver licenses were suspended or revoked for any reason in this provision, 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 ORS 811.175. 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

Indictment that alleges offense is felony, but does not specify grounds for underlying suspension or revocation, provides adequate notice of charge. State v. Early, 180 Or App 342, 43 P3d 439 (2002), Sup Ct review denied

Where defendant does not argue that notice of revocation was inadequate or that prerevocation hearing was denied, defendant may not collaterally attack validity of revocation order. State v. Sims, 335 Or 269, 66 P3d 472 (2003)

Under 2001 version of this section, state was not required to prove, and defendant could not collaterally challenge, validity of suspension. State v. Jones, 223 Or App 70, 195 P3d 78 (2008), modified 224 Or App 451, 199 P3d 317 (2008)

Source

Last accessed
Mar. 11, 2023

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