Salem DUI Attorney Gig Wyatt

from: Oregon DMV - DUI Information - This is for information purposes only, and it may not be updated. Visit the Oregon.gov site for any updates.

Suspensions & Revocations

If a court suspends or revokes your driving privileges, you may get a suspension or revocation order in court. The court may confiscate your driver license and return it to DMV.

If your driving privileges are suspended or revoked by DMV, a notice of suspension or revocation will be sent to the address on your driving record. If you have a license in your possession, it must be returned to a DMV office when the suspension or revocation begins. After the suspension or revocation begins, you may not drive any motor vehicle on highways or premises open to the public.

On this page is a sampling of some of the DMV or court ordered suspensions that could be imposed.  For more information, or to see if a particular conviction could result in the suspension of your license, please contact DMV.

Failure to Appear/Comply
DMV, when ordered by a court, may suspend a person's driving privilege if the person fails to appear in court or fails to pay a traffic fine for a traffic violation or a traffic crime in Oregon or Washington. Your driving privilege will be suspended until DMV receives proof that the case has been cleared with the court or until ten years has elapsed from the date the suspension begins, whichever comes first, at which time you will need to pay a reinstatement fee in order to remove the suspension from your record.

Acceptable proof of clearance from a court includes either of the following:
  • An official court clearance document from the court; or
  • An electronically transmitted clearance sent directly to DMV from a Circuit Court in Oregon.
Persons suspended for failure to appear or to comply are not eligible for a hardship permit.

Court Denial (Suspension for Underage Alcohol Offense)
DMV, when ordered by the court, may suspend a person's driving privileges if the person is between 13-20 years of age (at the time of the offense) and is convicted of an offense involving the possession, use or abuse of alcohol.  The order denying driving privileges (suspension) will remain in effect for:
  • One year or until the person turns 17 years old, whichever is longer, if it is the first order; or
  • One year or until the person turns 18 years old, whichever is longer, if it is the second or subsequent order. 
Note: If the person is 18-20 years of age, DMV will suspend for one year because the "until 17" or "until 18" options do not apply.

The court may review the case and restore driving privileges at any time, except the court may not withdraw the order within:
  • 90 days, if it is the first order; or
  • One year, if it is the second or subsequent order.
Persons suspended for Court Denial are not eligible for a hardship permit, but may be eligible for a court denial Emergency Driver Permit.

DUII

You may be found guilty of Driving while Under the Influence of Intoxicants (DUII) if you drive a vehicle while you are under the influence of intoxicating liquor, and/or a controlled substance. You may be charged with DUII if you commit the offense upon any premises open to the public.
If convicted of DUII, your driving privileges will be suspended. Suspension lengths vary and can be one year, three years or permanent. A suspension or revocation resulting from a DUII conviction is separate from any suspension you may receive under the Implied Consent law.

For related statutes, see Chapter 813 of the Oregon Revised Statutes.

Implied Consent
Oregon's implied consent law means that by driving a motor vehicle you have implied you will consent to a breath, blood or urine test if a police officer requests you to take such a test. The officer can request you to take a test if the officer has arrested you for DUII. Refusal to take a test is admissible as evidence in court. You will fail a test if your blood alcohol reading is 0.08 percent or more. If you are under 21, you will fail the test if you have any amount of alcohol in your blood. An implied consent suspension is separate from any suspension you may receive as a result of a DUII conviction.

If you have a valid Oregon Driver License in your possession, the officer will confiscate it and issue a 30-day temporary driving permit. After 30 days, the suspension is in effect and the temporary driving permit is no longer valid.

If you receive a notice of intent to suspend from a police officer under Oregon's Implied Consent Law, you are entitled to a hearing. You must request the hearing in the manner, and within the timeframe allowed in the notice of intent to suspend.

Suspension lengths vary. If you are arrested for driving under the influence of intoxicants and you:
  • Take a breath test and fail it - DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.
  • Refuse to take a breath test - DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
  • Refuse to take a urine test - DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years. The suspension for refusing a urine test will not start until any other implied consent suspension (even from the same arrest) is over.
  • Refuse to take a blood test while receiving medical care in a health care facility following a motor vehicle collision - DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
  • Fail a blood test while receiving medical care in a health care facility following a motor vehicle collision - DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year. This suspension will begin on the 60th day after DMV received the report that you failed the test. DMV will send a suspension notice to the address on your driving record to inform you of the suspension dates. The officer will not confiscate your driver license and issue a 30-day temporary driving permit. You are required to return any license in your possession to DMV when the suspension begins.
DMV will also suspend your driving privileges if any of the actions occurred while driving in another state (ORS 809.400).

If any of the actions occurred while driving a commercial vehicle suspension times may vary.

Ignition Interlock Device
An ignition interlock device (IID) is a computerized breath analyzer. An IID connects into a vehicle's ignition system. Prior to starting a vehicle equipped with an IID, the driver must provide a breath sample by blowing into the handset of the IID. The IID will prevent the vehicle from starting if the alcohol content in the driver's breath sample exceeds a preset limit.

Click here to see a list of IID Devices that meet Oregon requirements.

IID Requirement
  • Anyone convicted of DUII in Oregon is required to install and maintain an IID. The requirement starts at the end of the suspension or revocation caused by the DUII conviction.
  • Anyone granted a hardship permit during a DUII suspension is required to install and maintain an IID.
  • Anyone entering into a DUII Diversion Agreement with the court is required to install and maintain an IID. The IID is a condition of the Diversion Agreement for the time specified by the court.
If you do not install an IID when required due to a DUII conviction or remove the device at anytime during the requirement, DMV will suspend your driving privilege. If the device is required as a condition of a DUII Diversion Agreement, the court may terminate the agreement and convict you of DUII.

Note: The IID requirement starts on the last day of the DUII suspension and continues for one year for the first conviction of DUII and two years for a second or subsequent DUII conviction.

Fees and Costs
You are responsible for paying all costs related to the ignition interlock device, including the installation, lease, monthly monitoring and removal of the device.

Note: You may be eligible for financial assistance if you cannot afford to pay the costs associated with the device. To apply for assistance, you must meet the standard for indigence, which is the possession of a current Food Stamp Identification Card issued by the Oregon Department of Human Services. To request a fee waiver, you must provide proof of indigence to a vendor who is contracted with the Addictions and Mental Health Division to obtain reimbursement of the device fees.

For installation locations for the IID, you may check out the IID Provider Location list, or call our Customer Assistance Unit at (503) 945-5400. DMV cannot waive the IID reinstatement requirement for temporarily out of state residents. If you are in another state and need an IID installed to reinstate your Oregon driving privilege, contact our Customer Assistance Unit at (503) 945-5400 for assistance locating an IID provider.

Treatment
A person whose driving privileges are suspended due to a DUII conviction must provide proof that the person completed a treatment program ordered by the court under ORS 813.021. DMV will not reinstate a suspension resulting from a DUII conviction until the person submits this requirement.

The most common form of proof is a DUII Treatment Completion Certificate, DMV form 735-6821. DUII Treatment Completion Certificates are only issued by treatment providers approved by the Oregon Addictions and Mental Health Division.

Habitual Offender Program
DMV will revoke your driving privileges for five years if you are convicted of three or more of the following offenses within a five year period:
  • Any degree of murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.
  • Driving while under the influence of intoxicants.
  • Driving while your driving privileges are suspended or revoked.
  • Reckless driving.
  • Failure to perform the duties of a driver after a collision.
  • Fleeing or attempting to elude a police officer.
DMV will also revoke your driving privileges for habitual offender if you are convicted of 20 or more traffic violations within five years. To view a list of types of traffic violations for 20 or more convictions, see OAR 735-064-0220.

Related Information
Additional information that may be relevant includes:

NOTICE: The purpose of this website is to provide basic and general information about DUII laws in Oregon.
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.

Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
Salem Oregon DUII and Criminal Defense - (503) 378-7744, (503) 378-1013 Fax