Driving Under the Influence of Intoxicants

ORS 813.520
Limitations on authority to issue hardship permit or reinstate driving privileges


The Department of Transportation may not reinstate any driving privileges or issue any hardship permit under ORS 807.240 (Hardship permit) as provided under any of the following:

(1)

For a period of 90 days after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 (Implied consent to breath or blood test) and the person is not subject to an increase in the time before a permit may be issued for reasons described in ORS 813.430 (Grounds for increase in duration of suspension).

(2)

For a period of 30 days after the beginning of the suspension if the suspension is because a breath or blood test under ORS 813.100 (Implied consent to breath or blood test) disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence) and the person is not subject to an increase in the time before a hardship permit may be issued for reasons described in ORS 813.430 (Grounds for increase in duration of suspension).

(3)

For a period of one year after the beginning of the suspension if the suspension is because a breath or blood test under ORS 813.100 (Implied consent to breath or blood test) disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence) and the person is subject to an increase in the time before a hardship permit may be issued for reasons described under ORS 813.430 (Grounds for increase in duration of suspension).

(4)

For a period of three years after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 (Implied consent to breath or blood test) and the person is subject to an increase in the time before a hardship permit may be issued for reasons described in ORS 813.430 (Grounds for increase in duration of suspension).

(5)

To any person who has a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle.

(6)

If the suspension is based upon a conviction for a violation of ORS 813.010 (Driving under the influence of intoxicants) or is imposed under ORS 813.410 (Suspension upon receipt of police report on implied consent test) based upon ORS 813.100 (Implied consent to breath or blood test) to a person who has available public or private transportation sufficient to fulfill the person’s transportation needs while the person is suspended.

(7)

For a period of 30 days following imposition of suspension, if the person, within the previous year, has been convicted of a traffic crime and the suspension is based upon a conviction for violation of ORS 813.010 (Driving under the influence of intoxicants) or is imposed under ORS 813.410 (Suspension upon receipt of police report on implied consent test) based upon ORS 813.100 (Implied consent to breath or blood test). [1985 c.16 §148; 1985 c.672 §16; 1987 c.673 §1a; 1987 c.801 §15; 1989 c.224 §141; 1989 c.401 §3; 1993 c.305 §9; 1995 c.568 §9; 1999 c.1051 §91; 2005 c.140 §5; 2009 c.607 §1; 2018 c.76 §15]

Source

Last accessed
Jun. 26, 2021