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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.
| Violation DWS or DWR
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| How Committed? |
Drive a motor vehicle on a public road or premises
open to the public after your driving privileges have been suspended or
revoked by a court or the DMV for any reason not listed below (in
misdemeanor DWS or felony DWS). See ORS 811.175. |
| Offense Level |
Class A traffic violation. |
| Possible Penalties |
Substantial fine. Possible suspension of
vehicle registration for up to 120 days.
Possible impoundment / immobilization of vehicle for up to one year. |
| Example |
Your license is suspended for failing to appear for
a speeding ticket, failing to file an accident report, or failing to pay
a fine on a traffic offense and you are caught driving a motor vehicle. |
| Misdemeanor DWS or DWR |
| How committed? |
Drive a motor vehicle on a public road or premises
open to the public after your driving privileges have been suspended or
revoked from (1)
a conviction for recklessly
endangering another person, menacing or criminal mischief, resulting
from the operation of a motor vehicle; (2) a conviction for perjury or
the making of a false affidavit to the DMV; (3) an implied consent
suspension for failing or refusing a chemical (breath / blood / urine)
test; (4) a revocation from a habitual offender designation; (5) a conviction from any
crime punishable as a felony with proof of a material element involving
the operation of a motor vehicle (other than a crime described in the
felony DWS (see below)); (6) a conviction for failure to perform the
duties of a driver (hit and run) under ORS 811.705; (7) a conviction for
reckless driving; (8) a conviction for fleeing or attempting to elude a
police officer; or (9) a conviction for misdemeanor DUII.
See ORS 811.182(4). |
| Offense Level |
Class A misdemeanor |
| Possible Penalties |
Probation, fines, community service, jail sentence.
Possible suspension of vehicle registration for up to 120 days.
Possible impoundment / immobilization of vehicle for up to one year. Minimum $1000 fine if suspension was result of a DUII conviction.
For a second DWS conviction as a result of a DUII conviction, minimum
$2000 fine. |
| Example |
You fail a breath test following a DUII arrest and
you get caught driving during your 90 day suspension. |
| Felony DWS or DWR |
| How Committed? |
Drive a motor vehicle on a public road or premises
open to the public after your driving privileges have been suspended or
revoked for a conviction for (1) any degree of murder,
manslaughter, criminally negligent homicide or assault resulting from
the operation of a motor vehicle; (2) aggravated vehicular
homicide or aggravated driving while suspended or revoked; or (3)
felony DUII. See ORS 811.182(3). |
| Offense Level |
Class B felony |
| Possible Penalties |
Anywhere from prison time to probation, fines,
community service and jail. Plus an additional one year
revocation. Crime category 6 under Oregon's sentencing guidelines. |
| Example |
Your license is revoked for life following a felony DUII
conviction and you are caught driving a motor vehicle. |
| Aggravated DWS or DWR |
| How Committed? |
Operate a motor vehicle that causes serious
physical injury to, or the death of, another person while knowingly
suspended or revoked from a conviction for a criminal offense involving
the use of a motor vehicle. See ORS 163.196. |
| Offense Level |
Class C Felony |
| Possible Penalties |
Possible prison time to probation, fines, community
service or jail. Plus an additional 10 year revocation.
Crime category 7 under Oregon's sentencing guidelines. |
| Example |
You're suspended for a DUII conviction and you
strike and seriously injure a pedestrian while driving on a suspended
license. |
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.
| OFFENSE LEVEL |
ADDITIONAL SUSPENSION / REVOCATION |
| Violation DWS / DWR |
None |
| Misdemeanor DWS / DWR |
None |
| Felony DWS / DWR |
One year revocation |
| Aggravated DWS / DWR |
Ten year revocation |
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 eligbile 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. This administrative rule is set forth in the box below:
(1) Any Oregon resident whose driving privileges are suspended may apply
for a hardship permit unless the person’s driving privileges are revoked
for any reason or suspended under:
(a) ORS 25.780 for failure to pay child support because ORS 807.250(3)
does not allow the issuance of a hardship permit;
(b) ORS 809.260 for court denial of juvenile driving privileges because
a person suspended for this reason is eligible for an emergency driver
permit per ORS 807.220(4);
(c) ORS 809.280(10) for a controlled substance conviction because ORS
807.250(2) does not allow the issuance of a hardship permit;
(d) ORS 809.419(1) for failure to appear for or pass required tests
because ORS 813.520 provides that no hardship permit may be issued if a
person has a mental or physical condition that makes the person unsafe
to drive a motor vehicle;
(e) ORS 809.419(2) for failure to obtain a required medical clearance
because ORS 813.520 provides that no hardship permit may be issued if a
person has a mental or physical condition that makes the person unsafe
to drive a motor vehicle;
(f) ORS 809.419(3) for a mental or physical condition because ORS
813.520 provides that no hardship permit may be issued if a person has a
mental or physical condition that makes the person unsafe to drive a
motor vehicle;
(g) ORS 809.421(1) for habitual incompetence, recklessness or criminal
negligence or committing a serious violation of the motor vehicle laws
because ORS 809.421(1)(b) states this suspension is subject to any
conditions the department determines necessary. The department has
determined that a person suspended under this subsection may not be
issued a hardship permit;
(h) ORS 809.419(5) upon notification by the superintendent of a hospital
because ORS 813.520 provides that no hardship permit may be issued if a
person has a mental or physical condition that makes the person unsafe
to drive a motor vehicle;
(i) ORS 809.419(6) when a person charged with a traffic offense has been
found guilty except for insanity because ORS 813.520 provides that no
hardship permit may be issued if a person has a mental or physical
condition that makes the person unsafe to drive a motor vehicle;
(j) ORS 813.400 and 813.403, and the person fails to install or use an
IID in a vehicle(s) the person intends to operate, because under ORS
813.602(1)(a) an IID must be installed before the person is eligible for
a hardship permit;
(k) ORS 813.602(6) for tampering with an ignition interlock device
because tampering with an ignition interlock device shows the person is
a reckless driver and does not qualify for a hardship permit under ORS
807.240(3)(d);
(l) ORS 809.280(5) or 809.416(1) for failure to appear in court, because
ORS 807.250(4) does not allow the issuance of a hardship permit; or
(m) ORS 809.416(2) for failure to pay a fine or obey a court order,
because 807.250(4) does not allow the issuance of a hardship permit.
(2) DMV will not issue a hardship permit that authorizes a person to
operate a commercial motor vehicle because ORS 807.240(2) does not allow
the issuance of a hardship permit to drive a commercial motor vehicle.
(3) Any Oregon resident whose driving privileges are revoked as a
habitual traffic offender may apply for a probationary permit unless the
person’s driving privileges are also revoked for any reason other than
being a habitual traffic offender or are also suspended for any of the
reasons listed in section (1) of this rule. DMV will not issue a
probationary permit that authorizes a person to operate a commercial
motor vehicle because ORS 807.270(4) does not allow the issuance of a
probationary permit to drive a commercial motor vehicle. |
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?
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State Board of Examiners for Speech-Language Pathology (speech pathologists) and Audiology;
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State Board of Chiropractic Examiners (chiropractors);
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State Board of Clinical Social Workers (LCSW);
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Oregon Board of Licensed Professional Counselors and Therapists;
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Oregon Board of Dentistry (Dentists);
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Board of Examiners of Licensed Dietitians;
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State Board of Massage Therapists;
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Board of Naturopathic Examiners (Naturopathic Physician);
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Oregon State Board of Nursing (Nurse, RN’s);
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Board of Examiners of Nursing Home Administrators;
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Oregon Board of Optometry (Optometrists);
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State Board of Pharmacy (Pharmacists);
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Oregon Medical Board (Doctors, Physicians, Surgeons);
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Occupational Therapy Licensing Board (Occupational Therapists);
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Physical Therapist Licensing Board;
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State Board of Psychologist Examiners;
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Board of Radiologic Technology (Radiology Technicians);
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State Board of Direct Entry Midwifery (Midwifes);
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State Board of Denture Technology (Denturists);
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Respiratory Therapist Licensing Board;
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Department of Human Services, to the extent that the department certifies
emergency medical technicians (EMT’s);
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Oregon State Veterinary Medical Examining Board (Veterinarians, Vets); or
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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.
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