Driving Under the Influence of Intoxicants

ORS 813.400
Suspension or revocation upon conviction

  • duration
  • review


(1)

Except as provided in subsection (2) of this section, upon receipt of a record of conviction for misdemeanor driving while under the influence of intoxicants, the Department of Transportation shall suspend the driving privileges of the person convicted. The suspension shall be for a period described under Schedule II of ORS 809.428 (Schedule of suspension or revocation periods for certain offenses), except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. A person is entitled to administrative review under ORS 809.440 (Hearing and administrative review procedures) of a suspension imposed under this subsection.

(2)

A person convicted of felony driving while under the influence of intoxicants, or a person convicted of misdemeanor driving while under the influence of intoxicants for a third or subsequent time, is subject to revocation of driving privileges as provided in ORS 809.235 (Permanent revocation of driving privileges upon conviction of certain crimes). [1983 c.338 §353(8); 1985 c.16 §166(8); 1985 c.393 §10a(8); 1985 c.669 §2a(8); 1991 c.702 §13; 2001 c.786 §3; 2003 c.346 §1; 2003 c.402 §40; 2005 c.436 §2]

Notes of Decisions

Under Former Similar Statute

Court's failure to advise defendant that pleading guilty to driving under influence of intoxicants would result in prolonged license suspension on subsequent conviction for same offense within five years did not violate constitutional rights. Chapel v. State of Oregon, 71 Or App 49, 691 P2d 514 (1984)

Where defendant had 30 days' notice of right to presuspension hearing, suspension was sufficient bases for subsequent conviction for driving while suspended. State v. Miller, 75 Or App 282, 706 P2d 184 (1985)

In General

Suspension of petitioner's driver license under this section was proper where records showed that petitioner was convicted in California of offense that would constitute driving under influence of intoxicants under Oregon law. Wilcox v. MVD, 89 Or App 498, 750 P2d 181 (1988)

Where conviction in another state for driving under influence of intoxicants is set aside upon successful completion of diversion program, driving privileges remain subject to suspension in Oregon because of conviction. Dyrdahl v. DMV, 204 Or App 509, 131 P3d 770 (2006)


Source

Last accessed
Jun. 26, 2021