ORS 809.411
Suspension for conviction of crime


(1)

Intentionally left blank —Ed.

(a)

Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.

(b)

A person is entitled to administrative review under ORS 809.440 (Hearing and administrative review procedures) of a suspension under this section.

(c)

Except as otherwise provided in subsections (7), (8) and (9) of this section, the suspension shall be for the period of time described in Schedule I of ORS 809.428 (Schedule of suspension or revocation periods for certain offenses). The department may not reinstate driving privileges of any person whose privileges are suspended under subsection (2), (3), (4), (5), (6) or (9) of this section until the person complies with future responsibility filings. There is no requirement of compliance with future responsibility filings if the person was suspended under subsection (7) or (8) of this section.

(2)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.

(3)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless driving under ORS 811.140 (Reckless driving).

(4)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform duties of a driver when property is damaged under ORS 811.700 (Failure to perform duties of driver when property is damaged).

(5)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(6)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless endangerment of highway workers under ORS 811.231 (Reckless endangerment of highway workers) (1).

(7)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of criminal trespass under ORS 164.245 (Criminal trespass in the second degree) that involves the operation of a motor vehicle. A suspension under this subsection shall continue for a period of six months from the date of suspension.

(8)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of an offense described in ORS 809.310 (Cancellation or suspension of driving privileges). A suspension under this subsection shall continue for a period of one year from the date of the suspension.

(9)

Intentionally left blank —Ed.

(a)

The department shall take action under subsection (1) of this section upon receipt of a record of conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle.

(b)

A person who is convicted of assault in the second degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges eight years from the date the department suspended the privileges under this subsection.

(c)

A person who is convicted of assault in the third degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges five years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges five years from the date the department suspended the privileges under this subsection.

(d)

A person who is convicted of assault in the fourth degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges one year from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges one year from the date the department suspended the privileges under this subsection. [2003 c.402 §3; 2005 c.403 §1; 2011 c.355 §15; 2018 c.76 §32]

Source: Section 809.411 — Suspension for conviction of crime, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

Attorney General Opinions

Under former similar statute (ORS 486.211)

Mandatory suspension unaffected by issuance of a limited driving order, (1976) Vol 38, p 172

809.090
Cancellation of registration or title for failure to qualify
809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements
809.100
Hearing on proposed cancellation or refusal
809.110
Failure to surrender canceled registration or title
809.120
Court-ordered suspension of registration or driving privileges for weight violation
809.130
Suspension or revocation of driving privileges for unsettled judgment
809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name
809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges
809.220
Failure to appear
809.230
Court suspension or revocation of nonresident driving privileges
809.235
Permanent revocation of driving privileges upon conviction of certain crimes
809.240
Court-ordered suspension or revocation
809.260
Court-ordered suspension of driving privileges of juvenile
809.267
Additional fee upon notice of suspension or restriction
809.270
Driver improvement course
809.275
Court to take possession of license or permit
809.280
Department procedures following court order of suspension or revocation
809.310
Cancellation or suspension of driving privileges
809.312
Reissuance of privileges after suspension for submitting false information
809.320
Cancellation on written request of parent or legal guardian
809.360
General provisions relating to suspension or revocation of driving privileges
809.380
Period of suspension
809.390
Period of revocation
809.400
Suspension or revocation for out-of-state conviction
809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement
809.409
Revocation for conviction of crime
809.411
Suspension for conviction of crime
809.412
Authority of juvenile court for suspension or revocation
809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty
809.416
When person subject to suspension under ORS 809.415
809.417
Suspension for conduct regarding accidents
809.419
Suspensions for physical or mental condition or impairment
809.421
Suspensions for miscellaneous driving-related actions
809.428
Schedule of suspension or revocation periods for certain offenses
809.430
Notice of suspension, cancellation or revocation
809.440
Hearing and administrative review procedures
809.450
Hearing for rescission of suspension for financial and future responsibility violations
809.460
Rescission of suspension or revocation upon appeal of underlying conviction
809.470
When judgment considered settled for purposes of suspension requirements
809.480
Driver improvement programs
809.490
Suspension or revocation of driving privileges of nonresident driver
809.500
Failure to return suspended, revoked or canceled license
809.510
Conviction of crime
809.515
Failure to appear, pay fine or obey court order in another jurisdiction
809.520
Lifetime suspension of commercial driving privileges
809.525
Serious traffic offenses
809.530
Violation of out-of-service order
809.535
Suspension of commercial driver license for specified rail crossing violations
809.540
Right to apply
809.545
Administrative review
809.550
Application of ORS 809.510 to 809.545
809.600
Kinds of offenses and number of convictions
809.605
Determination of which offenses count
809.610
Restriction of driving privileges
809.640
Procedures on habitual offender determination
809.698
Definition of “vehicle immobilization device.”
809.700
Court-ordered impoundment or immobilization upon conviction
809.702
Tampering with vehicle immobilization device
809.710
Authority to refuse to release vehicle to intoxicated person
809.716
Hearing on impoundment
809.720
Impoundment for specified offenses
809.725
Notice following impoundment under city or county ordinance
809.730
Seizure of motor vehicle for civil forfeiture
809.735
Preemption of local forfeiture ordinances
809.740
Seizure of motor vehicle for forfeiture
809.745
Adoption of policies and procedures prior to forfeiture
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