License Suspensions and Revocations
Under Oregon Law, there are two ways in which a person can lose his license for DUII. The first way is through the DMV administrative process. The second way is through the criminal justice system. These are separate and distinct processes.
The DMV can suspend a driver's license if the driver is arrested for DUII when the driver has either a BAC of .08 or above or when the driver refuses to take a breath or blood test. The length of a DMV suspension depends on the driver's history and whether or not the driver took the breath or blood test. These penalties are as follows:
| DMV Administrative Suspensions | ||
|---|---|---|
| Cause | Length | Hardship permit wait |
| Breath or blood over .08 | 90 days | 30 days |
| Breath or Blood Over .08 with enhancement | 1 year | 1 year |
| Refusal to take breath or blood test | 1 year | 90 days |
| Refusal with enhancement | 3 years | 3 years |
| Refusal to take urine test | 1 year | 180 days |
| Refusal to take urine test with enhancement | 3 years | 2 years |
A DMV administrative license suspension can be imposed even if a driver is found not guilty of DUII in a criminal proceeding. A driver's license can also be suspended if he is convicted of DUII in a criminal proceeding. Those suspensions are as follows:
| Suspensions and Revocations Base on Criminal Convictions | ||
|---|---|---|
| Cause | Length | Hardship permit wait |
| 1st offense DUI | 1 year | None |
| 2nd offense within 5 years | 3 years | 90 days |
| 3rd offense or felony DUII | Revoked | Petition after 10 years |
| Controlled substance discretionary suspension | 60 moths | None |
Other License Suspensions and Revocations
Under Oregon Law, license suspensions are also imposed for a variety of other traffic crimes including Reckless Driving, Hit-and-Run, Vehicular Assault, and Criminal Driving While Suspended or Revoked.
A driver's license can be revoked if a driver is found to be a Habitual Traffic Offender. This determination is made by the DMV and is wholly independent of any criminal proceeding.
In addition to a drivers license or CDL, a DUI conviction could have consequence for a pilot's license or Coast Guard Credential.
Hardship Permits
Hardship permits allow drivers with suspended licenses to driver for limited purposes. These purposes include: employment, education, alcohol and drug treatment, job searching, and ongoing medical treatment for the driver or a member of the driver's immediate family.
A hardship permit will list the specific times and purposes during which a driver may drive. Hardship permits are only applicable to class C license and are not available for commercial drivers licenses (CDLs). Proof of SR-22 high risk insurance will be required before the DMV will issue a hardship permit.
Depending on the cause of a driver's suspension and the reason for the hardship permit, there are additional requirements. Hardship permits for work require a letter from the driver's employer. For suspensions arising out of DUII convictions, an ignition interlock device (IID) is required. Or if the driver is seeking to drive an employer owned vehicle, verification from the employer is required to waive the IID requirement. Upon a 2nd or subsequent conviction, a mental health evaluation is required to obtain a hardship permit. Moreover, in all DUII convictions, a judge's signature is required before obtaining the permit.