2007 ORS 809.600¹
Kinds of offenses and number of convictions

This section establishes the kinds of offenses and the number of convictions necessary to revoke the driving privileges of a person as a habitual offender under ORS 809.640 (Procedures on habitual offender determination). The kinds of offenses and the number of convictions necessary to revoke driving privileges as a habitual offender are as follows:

(1) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of three or more of any one or more of the following offenses as evidenced by the records maintained by the Department of Transportation or by the records of a similar agency of another state:

(a) 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.

(b) Driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).

(c) Criminally driving a motor vehicle while suspended or revoked, under ORS 811.182 (Criminal driving while suspended or revoked).

(d) Reckless driving under ORS 811.140 (Reckless driving).

(e) Failure to perform the duties of a driver 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).

(f) Fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(g) Aggravated vehicular homicide under ORS 163.149 (Aggravated vehicular homicide).

(2) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of 20 or more of any one or more of the following offenses as evidenced by the records maintained by the department or by a similar agency of another state:

(a) Any offenses enumerated in subsection (1) of this section.

(b) Any offense specified in the rules of the department adopted under ORS 809.605 (Determination of which offenses count).

(3) A person’s driving privileges shall not be revoked under subsection (2) of this section until the person’s 21st conviction within a five-year period when the 20th conviction occurs after a lapse of two years or more from the last preceding conviction.

(4) The offenses described under this section include any of the following:

(a) Any violation of a traffic ordinance of a city, municipal or quasi-municipal corporation that substantially conforms to offenses described under this section.

(b) Any violation of offenses under any federal law or any law of another state, including subdivisions thereof, that substantially conform to offenses described in this section. [1983 c.338 §365; 1985 c.16 §179; 1987 c.730 §17; 1987 c.887 §7; 1989 c.592 §6; 1991 c.601 §5; 1991 c.728 §4; 1995 c.209 §3; 1999 c.1051 §283; 2001 c.494 §1; 2007 c.867 §11]

Notes of Decisions

Under Former Similar Statute

The defendant was an habitual offender under the Habitual Traffic Offenders Act where the municipal court forfeited the defendant's bail on a reckless driving charge and such forfeiture was for a third specified statutory of­fense within a five-year period. State v. Gaskey, 24 Or App 1, 544 P2d 182 (1976)

The three-con­vic­­tions require­ment of this sec­tion is not satisfied by multiple con­vic­­tions arising from less than three accidents. State v. Zook, 27 Or App 543, 556 P2d 989 (1976)

Viola­tion of 55 miles per hour max­i­mum speed limit may be considered in determining whether individual is habitual traffic offender. State v. Stehle, 33 Or App 115, 575 P2d 994 (1978)

Reference in this sec­tion to prior con­vic­­tions for driving under influence of intoxicants or with .10 percent or more blood alcohol content includes con­vic­­tions under former similar statutes. State v. Branstetter, 42 Or App 109, 600 P2d 431 (1979), Sup Ct review denied

Where defendant had been convicted of driving under influence of alcohol in California, driving under influence of intoxicants in Oregon, and reckless driving in California, but where, after he was charged with being habitual traffic offender, his California con­vic­­tion of reckless driving was amended to con­vic­­tion of failure to drive on right side of roadway, defendant had not been convicted of three traffic of­fenses re­quired to make him habitual traffic offender within meaning of this sec­tion. State v. Carter, 45 Or App 301, 608 P2d 570 (1980)

In General

Defendant could collaterally attack two felony driving while suspended con­vic­­tions in pro­ceed­ings seeking habitual traffic offender (HTO) order. State v. Hardt, 81 Or App 607, 726 P2d 953 (1986), on reconsidera­tion 83 Or App 221, 730 P2d 1278 (1986), Sup Ct review denied

Notes of Decisions

Under Former Similar Statute

Dismissal of pre­vi­ous complaint alleging defendant was habitual traffic offender barred sec­ond complaint alleging same cause of ac­tion where court has signed order which adjudged defendant was not habitual traffic offender. State ex rel MVD v. Henigan, 37 Or App 135, 586 P2d 395 (1978)

Neither Article I, sec­tion 11 of the Oregon Constitu­tion or the Sixth Amend­ment to the United States Constitu­tion require appoint­ment of counsel for indigent defendants in habitual traffic offender pro­ceed­ings. State v. Rhoades, 54 Or App 254, 634 P2d 806 (1981), Sup Ct review denied

There is no limita­tion period for pro­ceed­ings under the Habitual Traffic Offenders Act. State v. Renteria, 59 Or App 619, 651 P2d 1362 (1982)

Atty. Gen. Opinions

Under Former Similar Statute

Convic­tions prior to 1973 Habitual Traffic Offenders Act, (1974) Vol 36, p 859


1 Legislative Counsel Committee, CHAPTER 809—Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­809.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 809, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­809ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.