|David N Lesh |
434 NW 19th Avenue | Portland, OR 97209 |
|THE OREGON DWS GUIDE|
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I just got arrested / cited for an Oregon DWS / DWR charge. What do I need to know?
There are three levels of driving while suspended or revoked: Violation, Misdemeanor, or Felony. As a general rule, whether you face a violation level DWS (least serious), a misdemeanor DWS, or a felony DWS (most serious) depends on the underlying reason for the suspension or revocation. Refer to the table below for more information on the different types of DWS / DWR offenses.
If you face a violation level offense, you should have received a citation directing you to appear in court at some point in the future. Since a violation is a non-criminal offense, you may mail in a plea of guilty or not-guilty so long as the court receives your plea prior to your scheduled appearance.
If you're charged with a criminal DWS, either a misdemeanor or felony, you generally must appear in court as directed. Misdemeanor and felony crimes come with the possibility of jail (or prison) time. Violation DWS offenses will not result in jail time but can result in a substantial fine if you're convicted.
Will my license be suspended or revoked if I am convicted of a DWS or DWR charge?
While many states do suspend a driver's license for an additional length of time for a DWS / DWR, Oregon does not unless the offense is a felony crime. Refer to the table below.
Keep in mind that even if the court does not suspend or revoke your license for a violation or misdemeanor DWS / DWR conviction, you face a five year revocation from the DMV if the conviction makes you a habitual offender under Oregon law. You can become a habitual offender in one of two ways:
First, you get three convictions or a combination that totals three, within a five year period for the following crimes: DUII; criminal (misdemeanor or felony) DWS / DWR; reckless driving; failure to perform duties of a driver; fleeing or attempting to elude; vehicular homicide; or murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing or criminal mischief resulting from operation of a motor vehicle.
Second, you also become a habitual offender if you get 20 convictions for various traffic violations or crimes in a five year period.
I'm tired of being suspended. Is there anyway I can get my license back?
Call the DMV and find out why you're suspended or revoked and follow the steps they direct to get reinstated. Some people are eligible for immediate reinstatement if they file an SR-22 for example. If you're not eligible for immediate reinstatement you must wait until your suspension or revocation period is up.
If your license is suspended (as opposed to revoked) you may be eligible for a hardship permit which will allow you to drive for limited purposes. Sometimes there is a waiting period before you're eligible to receive a hardship permit. Not everyone is eligible for a hardship permit however. Refer to OAR 735-064-0020 which sets forth who can apply for a hardship or probationary permit.
Am I required to notify anyone if I am arrested or convicted of a driving while suspended or driving while revoked?
Effective January 1, 2010, If you are a health professional that is (1) license by; or (2) certified by; or (3) registered with one of the following Boards?
If so, you must self-report either a misdemeanor or felony DWS / DWR conviction within 10 days of the conviction or if you are arrested for a felony DWS/ DWR or Aggravated DWS / DWR, you must report the arrest within 10 days of the arrest. You need not report a conviction for a violation level DWS. Speak to your attorney or refer to HB 2059 (2009) for more information.
Contact attorney David Lesh today if you want an experienced attorney to help you with a DWS charge. There is no fee for the initial consultation.
Websites, including this one, provide general criminal law information but do not provide legal advice or create a lawyer / client relationship. Consult qualified Oregon driving while suspended / revoked attorneys for advice about any specific problem that you may have. Oregon lawyers are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code of Professional Responsibility. Information contained in this website is believed to be accurate but is not guaranteed.
David Lesh provides DWS / DWR defense to the communities of: Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Tigard; Lake Oswego; Oregon City; Tualatin; West Linn; Woodburn; Milwaukie; Forest Grove; Wilsonville; Troutdale; Sherwood; Canby; and Multnomah County; Clackamas County; and Washington Counties. Read our privacy statement. Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card. Copyright 2014, 2013, 2012, 2011, 2010.