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.

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?

• State Board of Examiners for Speech-Language Pathology (speech pathologists) and Audiology;

• State Board of Chiropractic Examiners (chiropractors);

• State Board of Clinical Social Workers (LCSW);

• Oregon Board of Licensed Professional Counselors and Therapists;

• Oregon Board of Dentistry (Dentists);

• Board of Examiners of Licensed Dietitians;

• State Board of Massage Therapists;

• Board of Naturopathic Examiners (Naturopathic Physician);

• Oregon State Board of Nursing (Nurse, RN’s);

• Board of Examiners of Nursing Home Administrators;

• Oregon Board of Optometry (Optometrists);

• State Board of Pharmacy (Pharmacists);

• Oregon Medical Board (Doctors, Physicians, Surgeons);

• Occupational Therapy Licensing Board (Occupational Therapists);

• Physical Therapist Licensing Board;

• State Board of Psychologist Examiners;

• Board of Radiologic Technology (Radiology Technicians);

• State Board of Direct Entry Midwifery (Midwifes);

• State Board of Denture Technology (Denturists);

• Respiratory Therapist Licensing Board;

• Department of Human Services, to the extent that the department certifies emergency medical technicians (EMT’s);

• Oregon State Veterinary Medical Examining Board (Veterinarians, Vets); or

• State Mortuary and Cemetery Board.

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.