2015 ORS 813.520¹
Limitations on authority to issue hardship permit or reinstate driving privileges

In addition to any provisions of ORS 807.240 (Hardship permit) and 813.510 (Limitations on privileges granted by permit) or 807.250 (Restrictions on issuance of hardship permit), this section establishes limitations on the authority of the Department of Transportation to issue driving privileges under ORS 807.240 (Hardship permit). The department may not reinstate any driving privileges or issue any hardship permit under ORS 807.240 (Hardship permit) as provided under any of the following:

(1) For a period of 90 days after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 (Implied consent to breath or blood test) and the person is not subject to an increase in the time before a permit may be issued for reasons described in ORS 813.430 (Grounds for increase in duration of suspension). This period of 90 days shall be reduced by the time the department refused to issue a hardship permit under subsection (5) or (6) of this section if the person’s driving privileges were suspended based on the same occurrence.

(2) For a period of 30 days after the beginning of the suspension if the suspension is because a breath or blood test under ORS 813.100 (Implied consent to breath or blood test) disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence) and the person is not subject to an increase in the time before a hardship permit may be issued for reasons described in ORS 813.430 (Grounds for increase in duration of suspension). This period of 30 days shall be reduced by the time the department refused to issue a hardship permit under subsection (5) or (6) of this section if the person’s driving privileges were suspended based on the same occurrence.

(3) For a period of one year after the beginning of the suspension if the suspension is because a breath or blood test under ORS 813.100 (Implied consent to breath or blood test) disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence) and the person is subject to an increase in the time before a hardship permit may be issued for reasons described under ORS 813.430 (Grounds for increase in duration of suspension). This period of one year shall be reduced by the time the department refused to issue a hardship permit under subsection (5) or (6) of this section if the person’s driving privileges were suspended based on the same occurrence.

(4) For a period of three years after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 (Implied consent to breath or blood test) and the person is subject to an increase in the time before a hardship permit may be issued for reasons described in ORS 813.430 (Grounds for increase in duration of suspension). This period of three years shall be reduced by the time the department refused to issue a hardship permit under subsection (5) or (6) of this section if the person’s driving privileges were suspended based on the same occurrence.

(5) For a period of 90 days after the beginning of the suspension under ORS 813.400 (Suspension or revocation upon conviction) if it is the person’s second conviction for driving while under the influence of intoxicants if the suspension period is determined by ORS 809.428 (Schedule of suspension or revocation periods for certain offenses) (2)(b). This period of 90 days shall be reduced by the time the department refused to issue a hardship permit under subsection (1), (2), (3) or (4) of this section if the person’s driving privileges were suspended based on the same occurrence.

(6) For a period of one year after the beginning of the suspension under ORS 813.400 (Suspension or revocation upon conviction) for driving while under the influence of intoxicants if the suspension period is determined by ORS 809.428 (Schedule of suspension or revocation periods for certain offenses) (2)(c). This period of one year shall be reduced by the time the department refused to issue a hardship permit under subsection (1), (2), (3) or (4) of this section if the person’s driving privileges were suspended based on the same occurrence.

(7) To any person who has a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle.

(8) If the suspension is based upon a conviction for a violation of ORS 813.010 (Driving under the influence of intoxicants) or is imposed under ORS 813.410 (Suspension upon receipt of police report on implied consent test) based upon ORS 813.100 (Implied consent to breath or blood test) to a person who has available public or private transportation sufficient to fulfill the person’s transportation needs while the person is suspended.

(9) For a period of 30 days following imposition of suspension, if the person, within the previous year, has been convicted of a traffic crime and the suspension is based upon a conviction for violation of ORS 813.010 (Driving under the influence of intoxicants) or is imposed under ORS 813.410 (Suspension upon receipt of police report on implied consent test) based upon ORS 813.100 (Implied consent to breath or blood test). [1985 c.16 §148; 1985 c.672 §16; 1987 c.673 §1a; 1987 c.801 §15; 1989 c.224 §141; 1989 c.401 §3; 1993 c.305 §9; 1995 c.568 §9; 1999 c.1051 §91; 2005 c.140 §5; 2009 c.607 §1]


1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.