2011 ORS § 809.404¹
Disqualification from holding commercial driver license

(1) The Department of Transportation shall suspend a persons commercial driver license or right to apply for a commercial driver license if the person is disqualified from holding a commercial driver license under this section. A person is entitled to administrative review under ORS 809.440 (Hearing and administrative review procedures) of a suspension under this section.

(2) A person is disqualified from holding a commercial driver license if the person has two or more of any of the following in any combination:

(a) A record of conviction for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(b) A suspension of the persons commercial driver license under ORS 813.410 (Suspension upon receipt of police report on implied consent test) for refusal to submit to a test under ORS 813.100 (Implied consent to breath or blood test) and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(c) A suspension of the persons commercial driver license under ORS 813.410 (Suspension upon receipt of police report on implied consent test) because the person submitted to a breath or blood test and the persons blood, as shown by the test, had 0.04 percent or more by weight of alcohol and the person was driving a commercial motor vehicle at the time of the offense.

(d) A record of conviction under ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons) of failure to perform the duties of a driver and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(e) A record of conviction of a crime punishable as a felony, other than a felony described in subsection (3) of this section, and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(f) A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while driving a commercial motor vehicle, the persons commercial driver license had been suspended or revoked.

(g) A record of conviction of any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a commercial motor vehicle or assault in the first degree resulting from the operation of a commercial motor vehicle.

(h) A record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked.

(3) A person is disqualified from holding a commercial driver license if the person has a record of conviction for a crime punishable as a felony that involves the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), and in which a motor vehicle or a commercial motor vehicle was used. Notwithstanding subsection (4) of this section, the department may not issue or reinstate a commercial driver license for the lifetime of a person whose commercial driver license is suspended under this subsection.

(4) Ten years after a person is disqualified from holding a commercial driver license under subsection (2) of this section, or 10 years after receiving a lifetime suspension under ORS 809.413 (Suspension of commercial driver licenses) (1), (2), (4) or (5), the person may apply to the department for the right to apply for a commercial driver license or for reinstatement of the persons commercial driver license. The department may issue or reinstate a commercial driver license to a person who meets all other requirements for the issuance of a commercial driver license if the department, in the discretion of the department, finds good cause shown and finds that the person voluntarily entered and successfully completed rehabilitation as approved by the department.

(5) Notwithstanding subsection (4) of this section, if a person whose commercial driver license is issued or reinstated under subsection (4) of this section receives a subsequent conviction or suspension described in subsection (2) of this section, the department shall suspend the persons commercial driver license or right to apply for a commercial driver license for the lifetime of the person.

(6) For the purposes of this section:

(a) Second or subsequent records of conviction or suspensions apply only if the convictions or suspensions arose out of separate incidents.

(b) A record of conviction or suspension applies to a person who does not hold a commercial driver license only if the person was driving a commercial motor vehicle at the time of the commission of the offense. [2005 c.649 §13; 2007 c.122 §13; 2009 c.783 §9]