ORS 811.182
Criminal driving while suspended or revoked

  • penalties

(1)

A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 (Violation driving while suspended or revoked) and the suspension or revocation is one described in this section, or if the hardship permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.

(2)

Affirmative defenses to the offense described in this section are established under ORS 811.180 (Affirmative defenses).

(3)

The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.

(4)

The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:

(a)

A suspension under ORS 809.411 (Suspension for conviction of crime) (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.

(b)

A suspension under ORS 813.410 (Suspension upon receipt of police report on implied consent test) resulting from refusal to take a test prescribed in ORS 813.100 (Implied consent to breath or blood test) or for taking a breath or blood test the result of which discloses a blood alcohol content of:

(A)

0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

(B)

0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

(C)

Any amount if the person was under 21 years of age.

(c)

A suspension of commercial driving privileges under ORS 809.510 (Conviction of crime) resulting from failure to perform the duties of a driver under ORS 811.700 (Failure to perform duties of driver when property is damaged).

(d)

A suspension of commercial driving privileges under ORS 809.510 (Conviction of crime) (6) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100 (Implied consent to breath or blood test).

(e)

A suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges).

(f)

A revocation resulting from habitual offender status under ORS 809.640 (Procedures on habitual offender determination).

(g)

A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.

(h)

A suspension for failure to perform the duties of a driver under ORS 811.705 (Failure to perform duties of driver to injured persons).

(i)

A suspension for reckless driving under ORS 811.140 (Reckless driving).

(j)

A suspension for fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(k)

A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).

(L)

A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.

(5)

In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.

(6)

Intentionally left blank —Ed.

(a)

The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.

(b)

Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:

(A)

Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or

(B)

Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97; 2013 c.237 §26; 2013 c.649 §3; 2018 c.76 §13]
Note: The amendments to 811.182 (Criminal driving while suspended or revoked) by section 113, chapter 630, Oregon Laws 2021, become operative January 1, 2023, and apply to conduct leading to driving privilege sanctions imposed on or after January 1, 2023. See sections 124 and 169, chapter 630, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
811.182 (Criminal driving while suspended or revoked). (1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 (Violation driving while suspended or revoked) and the suspension or revocation is one described in this section, or if the hardship permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.

(2)

Affirmative defenses to the offense described in this section are established under ORS 811.180 (Affirmative defenses).

(3)

The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.

(4)

The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:

(a)

A suspension under ORS 809.411 (Suspension for conviction of crime) (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.

(b)

A suspension under ORS 813.410 (Suspension upon receipt of police report on implied consent test) resulting from refusal to take a test prescribed in ORS 813.100 (Implied consent to breath or blood test) or for taking a breath or blood test the result of which discloses a blood alcohol content of:

(A)

0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

(B)

0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

(C)

Any amount if the person was under 21 years of age.

(c)

A suspension of commercial driving privileges under ORS 809.510 (Conviction of crime) resulting from failure to perform the duties of a driver under ORS 811.700 (Failure to perform duties of driver when property is damaged).

(d)

A suspension of commercial driving privileges under ORS 809.510 (Conviction of crime) (7) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100 (Implied consent to breath or blood test).

(e)

A suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges).

(f)

A revocation resulting from habitual offender status under ORS 809.640 (Procedures on habitual offender determination).

(g)

A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.

(h)

A suspension for failure to perform the duties of a driver under ORS 811.705 (Failure to perform duties of driver to injured persons).

(i)

A suspension for reckless driving under ORS 811.140 (Reckless driving).

(j)

A suspension for fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(k)

A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).

(L)

A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.

(5)

In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.

(6)

Intentionally left blank —Ed.

(a)

The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.

(b)

Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:

(A)

Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or

(B)

Aggravated vehicular homicide or aggravated driving while suspended or revoked.

Source: Section 811.182 — Criminal driving while suspended or revoked; penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors811.­html.

Notes of Decisions

Defense of guilty except for insanity is available to persons charged under this section. State v. Olmstead, 310 Or 455, 800 P2d 277 (1990)

Where there is no evidence that defendants’ driver licenses were suspended or revoked for any reason in this provision, which would make offenses misdemeanors, and defendants were tried in district court, which does not have felony jurisdiction, court only had statutory authority to enter judgments for infraction driving while suspended or revoked under ORS 811.175. State v. Conlon/Manning, 108 Or App 141, 813 P2d 1132 (1991)

Defendant’s guilty plea to driving infraction of driving uninsured did not preclude prosecution for driving while suspended or revoked. State v. Lazaro, 113 Or App 330, 832 P2d 1259 (1992), Sup Ct review denied

Indictment that alleges offense is felony, but does not specify grounds for underlying suspension or revocation, provides adequate notice of charge. State v. Early, 180 Or App 342, 43 P3d 439 (2002), Sup Ct review denied

Where defendant does not argue that notice of revocation was inadequate or that prerevocation hearing was denied, defendant may not collaterally attack validity of revocation order. State v. Sims, 335 Or 269, 66 P3d 472 (2003)

Under 2001 version of this section, state was not required to prove, and defendant could not collaterally challenge, validity of suspension. State v. Jones, 223 Or App 70, 195 P3d 78 (2008), modified 224 Or App 451, 199 P3d 317 (2008)

811.005
Duty to exercise due care
811.015
Failure to obey traffic patrol member
811.017
Failure to yield to traffic patrol member
811.020
Passing stopped vehicle at crosswalk
811.025
Failure to yield to pedestrian on sidewalk
811.028
Failure to stop and remain stopped for pedestrian
811.030
Driving through safety zone
811.035
Failure to stop and remain stopped for pedestrian who has limited vision or is blind
811.050
Failure to yield to rider on bicycle lane
811.055
Failure to yield to bicyclist on sidewalk
811.059
Milkman Mike Act
811.060
Vehicular assault
811.065
Unsafe passing of person operating bicycle
811.100
Violation of basic speed rule
811.105
Speeds that are evidence of basic rule violation
811.108
Relationship between speed limits and basic rule
811.109
Penalties for speed violations
811.111
Violating a speed limit
811.124
Meaning of “children are present” in ORS 811.111
811.125
Speed racing on highway
811.127
Organizing a speed racing event
811.130
Impeding traffic
811.135
Careless driving
811.140
Reckless driving
811.145
Failure to yield to emergency vehicle or ambulance
811.147
Failure to maintain safe distance from motor vehicle
811.150
Interference with emergency vehicle or ambulance
811.155
Failure to stop for bus safety lights
811.157
Report by driver of violation of ORS 811.155
811.159
Law enforcement agency response to report of violation of ORS 811.155
811.160
Interference with rail fixed guideway public transportation system operation
811.165
Failure to stop for passenger loading of public transit vehicle
811.167
Failure to yield right of way to transit bus
811.170
Violation of open container law
811.172
Improperly disposing of human waste
811.175
Violation driving while suspended or revoked
811.180
Affirmative defenses
811.182
Criminal driving while suspended or revoked
811.190
Operation with obstructing passenger
811.193
Smoking, aerosolizing or vaporizing in motor vehicle when child is present
811.195
Having passenger in trailer
811.200
Carrying dog on external part of vehicle
811.205
Carrying minor on external part of vehicle
811.207
Legislative findings regarding restraint of children in motor vehicles
811.210
Failure to properly use safety belts
811.215
Exemptions from safety belt requirements
811.220
Certificates of exemption from safety belt requirement
811.225
Failure to maintain safety belts in working order
811.230
Definitions
811.231
Reckless endangerment of highway workers
811.232
Refusing to obey flagger
811.233
Failure to yield right of way to highway worker
811.235
Fine for traffic offenses in school zones
811.250
Law applicable to vehicles registered out of state
811.255
Permitting unlawful operation of vehicle
811.260
Appropriate driver responses to traffic control devices
811.265
Driver failure to obey traffic control device
811.270
Failure to obey one-way designation
811.275
Failure to yield right of way at uncontrolled intersection
811.277
Failure to yield right of way at uncontrolled T intersection
811.280
Failure of driver entering roadway to yield right of way
811.285
Failure of merging driver to yield right of way
811.290
Obstructing cross traffic
811.292
Failure to yield right of way within roundabout
811.295
Failure to drive on right
811.300
Failure to drive on right of approaching vehicle
811.305
Driving on left on curve or grade or at intersection or rail crossing
811.310
Crossing center line on two-way, four-lane road
811.315
Failure of slow driver to drive on right
811.320
Failure to drive to right on divided highway
811.325
Failure to keep camper, trailer or truck in right lane
811.330
Driving wrong way around traffic island
811.335
Unlawful or unsignaled turn
811.340
Improperly executed left turn
811.345
Failure to use special left turn lane
811.346
Misuse of special left turn lane
811.350
Dangerous left turn
811.355
Improperly executed right turn
811.360
Vehicle turns permitted at stop light
811.365
Illegal U-turn
811.370
Failure to drive within lane
811.375
Unlawful or unsignaled change of lane
811.380
Improper use of center lane on three-lane road
811.385
Depriving motorcycle or moped of full lane
811.390
Unlawful use of lights to signal for passing
811.395
Appropriate signals for stopping, turning, changing lanes and decelerating
811.400
Failure to use appropriate signal for turn, lane change, stop or exit from roundabout
811.405
Failure to signal with lights
811.410
Unsafe passing on left
811.415
Unsafe passing on right
811.420
Passing in no passing zone
811.425
Failure of slower driver to yield to overtaking vehicle
811.430
Driving on highway divider
811.435
Operation of motor vehicle on bicycle trail
811.440
When motor vehicles may operate on bicycle lane
811.445
Use of throughway when prohibited
811.450
Violation of posted truck routes
811.455
Failure to stop for railroad signal
811.460
Failure to follow rail crossing procedures for high-risk vehicles
811.462
Failure of operator of commercial motor vehicle to slow down and check tracks
811.465
Exemptions from high-risk vehicle rail crossing procedures
811.470
Improper movement of heavy equipment across rail crossing
811.475
Obstructing rail crossing
811.480
Illegal backing
811.482
Use of marijuana in motor vehicle
811.483
Safety corridors
811.485
Following too closely
811.490
Improper opening or leaving open of vehicle door
811.492
Engine braking
811.495
Unlawful coasting on downgrade
811.500
Unlawful stop or deceleration
811.505
Failure to stop when emerging from alley, driveway or building
811.507
Operating motor vehicle while using mobile electronic device
811.508
Distracted driving avoidance course
811.510
Dangerous operation around livestock
811.512
Unlawfully operating low-speed vehicle on highway
811.513
Unlawfully operating medium-speed electric vehicle on highway
811.514
Unlawfully operating racing activity vehicle on highway
811.515
When lights must be displayed
811.520
Unlawful use or failure to use lights
811.525
Exemptions from requirements for use of lights
811.526
Safety campaign for use of headlights
811.530
Failure to post warnings for disabled vehicle
811.535
Failing to obey police officer
811.540
Fleeing or attempting to elude police officer
811.550
Places where stopping, standing and parking prohibited
811.555
Illegal stopping, standing or parking
811.560
Exemptions from prohibitions on stopping, standing or parking
811.565
Dangerous movement of stopped, standing or parked vehicle
811.570
Improperly positioning parallel parked vehicle
811.575
Violation of posted parking restrictions on state highways
811.580
Parking vehicle on state highway for vending purposes
811.585
Failure to secure motor vehicle
811.587
Unlawful parking in space reserved for alternative fuel vehicle refueling
811.590
Unlawful parking in winter recreation parking area
811.595
Winter recreation parking permit
811.600
Fees for winter recreation parking permits
811.602
Disabled person parking permit
811.603
Parking identification card without photograph
811.604
Application for disabled person parking permit
811.605
Contents of individual placard or decal
811.606
Parking permit for person with temporary disability
811.607
Program placards
811.609
Family placards
811.611
Foreign visitor placard
811.612
Maintenance of privileges after relocation
811.613
Wheelchair User placard
811.615
Unlawful parking in space reserved for persons with disabilities
811.616
Oregon Wounded Warrior placard
811.617
Blocking parking space reserved for persons with disabilities
811.620
Removal of vehicle illegally parked in space reserved for persons with disabilities
811.625
Unlawful use of disabled person parking permit
811.627
Use of invalid disabled person parking permit
811.628
Invalidation of disabled person parking permit
811.630
Misuse of program placard
811.632
Appointment of volunteers to issue citations
811.635
Privileges granted by disabled person parking permit other than program placard
811.637
Privileges granted by program placards
811.700
Failure to perform duties of driver when property is damaged
811.705
Failure to perform duties of driver to injured persons
811.706
Money damages resulting from violation of ORS 811.700 or 811.705
811.707
Crime classification for violation of ORS 811.705
811.710
Failure to perform duties of driver when animal is injured
811.715
Failure to perform duties of witness to accident
811.717
Failure to remove motor vehicle from roadway
811.720
When accident must be reported to Department of Transportation
811.725
Driver failure to report accident to Department of Transportation
811.730
Owner failure to report accident to Department of Transportation
811.735
Failure of vehicle occupant to make accident report to Department of Transportation
811.740
False accident report
811.745
When accident must be reported to police officer or law enforcement agency
811.747
Definitions for ORS 811.748 and 811.750
811.748
Driver failure to report accident to police officer or law enforcement agency
811.750
Failure of vehicle occupant to make accident report to police officer or law enforcement agency
811.800
Operation of funeral vehicles with improper lights
811.802
Failure to yield right of way to funeral procession
811.804
Intersection rules for funeral processions
811.806
Exceeding maximum speed for funeral procession
811.808
Exemption from speed limits for funeral escort vehicle
811.810
Disrupting funeral procession
811.812
Free passage for funeral procession vehicles
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