Oregon Statutes 809.421 – Suspensions for miscellaneous driving-related actions
(1)(a) The Department of Transportation may suspend the driving privileges of a person who:
Terms Used In Oregon Statutes 809.421
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(A) Is habitually incompetent, reckless or criminally negligent in the operation of a motor vehicle; or
(B) Commits a serious violation of the motor vehicle laws of this state.
(b) A suspension under this subsection shall continue for a period determined by the department and shall be subject to any conditions the department determines to be necessary.
(c) The department may impose an immediate suspension of driving privileges of any person described in paragraph (a) of this subsection without hearing and without receiving a record of the conviction of the person of a crime if the department has reason to believe that the person may endanger people or property if the person’s driving privileges are not immediately suspended. A suspension under this paragraph is subject to a post-imposition hearing under ORS § 809.440.
(2) Agreements entered under ORS § 802.530 may establish grounds and procedures for the suspension of driving privileges.
(3) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of the person of a crime if the department receives satisfactory evidence that the person has violated restrictions placed on the person’s driving privileges under ORS § 807.120. A suspension under this subsection shall be subject to a post-imposition hearing under ORS § 809.440. A suspension under this subsection shall continue for a period determined by the department, but in no event for longer than one year, and shall be subject to any conditions the department determines to be necessary. [2003 c.402 § 8]
[2003 c.402 § 9; 2017 c.701 § 26; repealed by 2018 c.76 § 17]
This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under ORS § 809.411 and 813.400. The schedules are as follows:
(1) Schedule I. The suspension or revocation periods under Schedule I are as provided in this subsection. The period of suspension or revocation under this schedule shall be:
(a) Ninety days for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.
(b) One year for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.
(c) Three years for a third or subsequent offense where the commission of the third or subsequent offense and two or more convictions for separate offenses occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.
(2) Schedule II. The suspension or revocation periods under Schedule II are as provided in this subsection. The period of suspension or revocation under this schedule shall be:
(a) One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.
(b) Three years for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period.
(c) Three years for a third or subsequent offense, where the commission of the third or subsequent offense and a conviction for a separate offense occur within a five-year period. [Formerly 809.420]