Oregon Suspended Licenses & Hardships

 

One of the more confusing aspects of a DUII arrest is the affect the incident will have on a person’s driving privileges. What adds to the confusion is that the issue of loss, suspension, revocation or reinstatement of driving privileges is generally not a question for the court or the judge but rather a decision made by the DMV based on their own rules. To help you understand how these decisions and rules might affect you I have created this sheet below. Obviously, different facts or circumstances may make your case different from my examples, but at least this will give you some sense of what you may expect. Most important is not being afraid to ask questions. I am available whenever you need me and I will be happy to answer any questions or explain any aspect of how you may be affected. Until then, take a look at the information below.

 

License Suspension Overview

FOR DIVERSION ELIGIBLE DUII ARRESTEES (1st TIME/NO CDL/NO INJURED VICTIMS)

On the day of your arrest you will have your license taken from you and you will be given an IMPLIED CONSENT FORM * which will act as your temporary license for 30 days.

30 days after your arrest (temporary license has expired) – assuming you gave a breath sample and failed, the statutory 90 day license suspension begins. For the first 30 days of the suspension there is no hardship permit available and ABOLUTELY NO DRIVING IS PERMITTED.

On the 31’st day of your suspension, you can apply for a hardship permit which will allow you to go to and from work and to treatment and counseling sessions. Not to school. Not to daycare. This permit is automatically granted assuming there are no other open cases, unpaid tickets, suspensions or holds in this or any other state.

WHAT WILL YOU NEED FOR THE HARDSHIP LICENSE?

  1. Fill out an application.
  2. Complete the SR 22 filing with your insurance company.
  3. Wait 30 days.
  4. Submit all the above along with a copy of your driving record which I am including to the DMV with your check for $125.

After the 90-day suspension period has ended (120 days after arrest) assuming you have no other outstanding issues described above, you can return to the DMV, pay a reinstatement fee of $75.00 and have your license restored to its level prior to the arrest. (NOTE – you will remain suspended until the reinstatement fee is paid).

An example of the above in action would be:

  • January 1 – FIRST DUII Arrest + Breath-test failure
  • Temporary permit (Implied Consent Form) allows unlimited driving until February 1
  • February 2 – 90 suspension begins. Absolutely no driving
  • March 2 – Assuming no other unpaid tickets or outstanding violations, driver may apply for hardship permit to allow driving to-and-from work only.
  • May 2 – Assuming no other unpaid tickets or outstanding violations, driver may pay return to DMV and pay $75 reinstatement fee to have his original driving privileges restored.

If the arrestee must have photo ID during the suspension period he may go to DMV and apply for an ID card at any time. However, at the end of the suspension period he will not be able to simply pay a reinstatement fee but instead he will have to completely re-test in order to get a new driver’s license.

 

FOR NON DIVERSION ELIGIBLE DUII ARESTEES (2ND TIME /CDL HOLDER/ INJURED VICTIMS)

Unfortunately for those who are not Diversion eligible, your license suspension will be:

  • 1 year for your first DUII conviction
    • Eligible for a hardship license immediately unless you have a separate traffic conviction in the year previous to the DUII.
      • In addition to the other requirements, you will also need to have the sentencing judge approve your hardship license by signing the hardship application
  • 3 years for your second DUII conviction
    • Eligible for a hardship license 90 days after your conviction.
      • You will also need the sentencing judge’s signature on your hardship application in order to qualify for the hardship license.
  • Permanent suspension for your third conviction
    • Not eligible for a hardship license or any other driving privileges for at least ten years at which time you will have to petition the court.

If there are additional license suspensions or revocations required by DMV rules, they will be imposed starting on the date of conviction.

 

For more information, to schedule a lecture or to reach Adam Greenman, contact his office at (503) 227-3800.