ORS 809.409
Revocation for conviction of crime
(1)
Intentionally left blank —Ed.(a)
Upon receipt of a record of conviction of an offense described in this section, the Department of Transportation shall revoke 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 revocation under this section.(c)
Except as otherwise provided in subsections (2) and (3) of this section, the revocation shall be for a period of one year from the date of revocation, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.(2)
The department shall take action under subsection (1) of this section upon receipt of a record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked or any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a motor vehicle or assault in the first degree resulting from the operation of a motor vehicle, except that the provisions of this subsection do not apply to a person whose driving privileges are ordered revoked under ORS 809.235 (Permanent revocation of driving privileges upon conviction of certain crimes). A person whose driving privileges are revoked under this subsection may apply for reinstatement of driving privileges:(a)
If the sentence for the crime for which the person’s driving privileges were revoked, or any other crimes arising from the same criminal episode, includes incarceration, no sooner than 10 years from the date the person is released from incarceration for all crimes arising out of the same criminal episode; or(b)
If the sentence for the crime for which the person’s driving privileges were revoked and any other crimes arising from the same criminal episode does not include incarceration, no sooner than 10 years from the date the department revoked the privileges under this subsection.(3)
Intentionally left blank —Ed.(a)
Except as provided in paragraphs (b) and (c) of this subsection, the department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform the duties of a driver to injured persons under ORS 811.705 (Failure to perform duties of driver to injured persons).(b)
The department shall revoke driving privileges under this subsection for a period of three years if the court indicates on the record of conviction that a person sustained serious physical injury, as defined in ORS 161.015 (General definitions), as a result of the accident. The person may apply for reinstatement of privileges three years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement three years from the date the revocation was imposed under this subsection.(c)
The department shall revoke driving privileges under this subsection for a period of five years if the court indicates on the record of conviction that a person was killed as a result of the accident. The person may apply for reinstatement of privileges five years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement five years from the date the revocation was imposed under this subsection.(4)
The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any felony with a material element involving the operation of a motor vehicle. [2003 c.402 §2; 2007 c.867 §10; 2009 c.320 §2; 2009 c.783 §10; 2011 c.355 §14; 2013 c.124 §1; 2018 c.76 §31]
Source:
Section 809.409 — Revocation for conviction of crime, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html.
Notes of Decisions
Under former similar statute (ORS 809.410)
Where court uses statutory authority to reduce conviction for felony vehicular offense to misdemeanor judgment, conviction is not “felony conviction” for purposes of revocation. State v. Rodarte, 178 Or App 173, 35 P3d 1116 (2001)
Up to date