2017 ORS 813.400¹
Suspension or revocation upon conviction
  • duration
  • review

(1) Except as provided in subsection (2) of this section, upon receipt of a record of conviction for misdemeanor driving while under the influence of intoxicants, the Department of Transportation shall suspend the driving privileges of the person convicted. The suspension shall be for a period described under Schedule II of ORS 809.428 (Schedule of suspension or revocation periods for certain offenses), except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. A person is entitled to administrative review under ORS 809.440 (Hearing and administrative review procedures) of a suspension imposed under this subsection.

(2) A person convicted of felony driving while under the influence of intoxicants, or a person convicted of misdemeanor driving while under the influence of intoxicants for a third or subsequent time, is subject to revocation of driving privileges as provided in ORS 809.235 (Permanent revocation of driving privileges upon conviction of certain crimes). [1983 c.338 §353(8); 1985 c.16 §166(8); 1985 c.393 §10a(8); 1985 c.669 §2a(8); 1991 c.702 §13; 2001 c.786 §3; 2003 c.346 §1; 2003 c.402 §40; 2005 c.436 §2]

Notes of Decisions

Under Former Similar Statute

Court’s failure to advise defendant that pleading guilty to driving under influence of intoxicants would result in prolonged license suspension on sub­se­quent con­vic­­tion for same of­fense within five years did not violate constitu­tional rights. Chapel v. State of Oregon, 71 Or App 49, 691 P2d 514 (1984)

Where defendant had 30 days’ notice of right to presuspension hearing, suspension was sufficient bases for sub­se­quent con­vic­­tion for driving while suspended. State v. Miller, 75 Or App 282, 706 P2d 184 (1985)

In General

Suspension of peti­tioner’s driver license under this sec­tion was proper where records showed that peti­tioner was convicted in California of of­fense that would constitute driving under influence of intoxicants under Oregon law. Wilcox v. MVD, 89 Or App 498, 750 P2d 181 (1988)

Where con­vic­­tion in an­oth­er state for driving under influence of intoxicants is set aside upon successful comple­tion of diversion program, driving privileges remain subject to suspension in Oregon because of con­vic­­tion. Dyrdahl v. DMV, 204 Or App 509, 131 P3d 770 (2006)

1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­html (2017) (last ac­cessed Mar. 30, 2018).
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.