(1) Except as provided in subsections (2) and (3) 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, 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 of a suspension imposed under this subsection.

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Terms Used In Oregon Statutes 813.400

  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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.

(3) The provisions of this section do not apply to convictions of driving while under the influence of intoxicants if the offense was committed while the person was riding a bicycle.

(4) For the purposes of this section, ‘bicycle’ does not include an electric assisted bicycle. [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; 2023 c.498 § 21]

 

[1989 c.636 § 40; 1991 c.702 § 14; 2003 c.402 § 41; repealed by 2013 c.237 § 12]

 

[1989 c.636 § 41; 1991 c.185 § 16; 1993 c.305 § 5; 1995 c.568 § 5; 2003 c.402 § 42; 2005 c.649 § 25; repealed by 2013 c.237 § 12]

 

(Under Implied Consent Law)