(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your Oregon driver’s license suspended and having it revoked.

• A suspension means you cannot drive for a certain period of time, but can get your license back later.
• A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license.

Insurance companies keep a close watch on license suspensions / revocations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums. It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

There are a variety of reasons why your Oregon driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The Oregon DMV may also suspend driving privileges for DUII or related conviction in another state. If you’ve been convicted of any traffic violation, you need to notify your employer within 30 days of the conviction, regardless of the type of vehicle you were driving. You may face additional criminal penalties and fines from the court. The following are some of the most common reasons for an Oregon driver’s license to be suspended or revoked.

• Driving Under the Influence: Your Oregon driver’s license will be suspended if you are found guilty of driving under the influence of alcohol (BAC of 0.08% or higher, or any amount if you are under 21) or drugs. The length of the suspension varies according to the nature of the offense. For failing a breath test, your license will be suspended for 90 days (1 year if you have previous alcohol related offenses in the last 5 years). If you have your Oregon driving license with you, the arresting officer will confiscate it. The officer will issue a 30-day permit, at the expiration of which your suspension comes into effect and the temporary permit becomes invalid.
• Refusal to Take a Breath or Urine Test: For refusing to take a breath or urine test when requested, your license will be suspended for 1 year (3 years if you have prior alcohol related offenses in the last 5 years).
• Excessive Moving Violations: Unlike most other States, Oregon does not operate a point system, in which drivers accumulate points on their license for every moving violation that they commit. However, the Oregon Driver and Motor Vehicle Services Division (DMV) of the Department of Transport keeps track of how many traffic tickets you accumulate. The more tickets you accumulate, the more restricted your driving privilege will be. If you are over 18 and accumulate 3 traffic convictions within an 18-month period, your license will be restricted for 30 days. You will not be permitted to drive at all between midnight and 5 am unless you are required to be on the road at that time for job related reasons. A further conviction in the next 6 months will result in your license being suspended for 30 days and you will not be allowed to drive at all during that time. Each additional conviction within a 2-year period will increase your suspension by 30 days.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in Oregon must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations: Your Oregon driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification: The DMV can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a DMV notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.

The Driver Improvement Program is meant to promote public safety. Under the program, your driver’s license can be put under certain restrictions or even be suspended if you have are convicted of several traffic violations within a specific amount of time.

Minor Drivers: If you are under 18 years old, if you have the any of the following before you turn 18 years old, your driver’s license will be under a 90-day restriction (you can drive for work purposes only):

• 2 convictions.
• 2 accidents.
• A combination of 1 conviction and 1 accident.

If you have a 3^rd conviction or 3^rd accident, your driver’s license will be suspended for 6 months. This applies even if you turn 18 years old during the suspension period.

Adult Drivers: If you are 18 years old or older, if you have any of the following in an 18-month period, you face a 30-day restriction:

• 3 convictions.
• 3 accidents.
• A combination of the above totaling 3 incidents.

Your restriction will limit you from driving between midnight and 5 a.m., unless you are driving to or from work.

If you have any of the following in a 24-month period, your license will be suspended for 30 days:

• 4 convictions.
• 4 accidents.
• A combination of the above totaling to 4 incidents.

Before your license is suspended, you will receive a notification of proposed suspension from the Department of Motor Vehicles. You may be eligible to apply for a hardship license during your suspension period, to enable you to drive to and from work, for work purposes, to attend alcohol or drug programs and for medical purposes. To see if you are eligible for such a license, call (503) 945-5400/5000. If you are eligible to apply, send your Requirements for a Hardship/Probationary Permit Application (Form 735-6044), together with the $50 non-refundable fee and required documents (these are found on the application) to:

DMV Driver Suspension Unit

1905 Lana Ave. NE

Salem, OR 97314

If you receive a suspension notice from the DMV, and you wish to challenge the suspension, you may request a hearing in court which will determine whether your driver’s license should be suspended or not. You can request a hearing:

• Online at the Oregon DMV website.
• By fax to the DMV Hearings Case Management Unit at (503) 945-5521.
• By mail to:

DMV Hearings Case Management Unit

1905 Lana Ave. NE

Salem, OR 97314

Required Information: Include the following information in your hearing request your name, date of birth, your mailing address, phone number, driver’s license number, vehicle registration plate or title number and name and contact information of your attorney.

In addition, drivers whose license may be suspended due may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension.

Oregon may require an ignition interlock device (IID) for DUII-convicted motorists who are driving with either a hardship permit or after suspension is over. The IID, a computerized breath analyzer, works with a vehicle’s ignition and prevents the vehicle from starting if the driver’s breath has an illegal alcohol content level. The IID is also required for those convicted of DUII in Oregon to fully reinstate driving privileges after suspension.

The Oregon DMV will revoke your driving privileges for 5 years if you sustain 3 convictions or more within 5 years for any of the following offenses:

• Murder, manslaughter, criminally negligent homicide, assault, reckless endangerment of another, menacing, or criminal mischief related to operation of a vehicle.
• Driving while privileges are suspended or revoked.
• Reckless driving.
• Failure to act responsibly after a collision.
• Fleeing, attempting to evade law enforcement.
• 20 traffic violations or more within 5 years.

The steps you need to follow to reinstate your license following a suspension depend on several factors, including the reasons for suspension and any other violations on your record. To find out exactly what your requirements are, check your suspension notice. You’ll see a suspension code in the top right corner (e.g., “S001”). Once you have your code, you can visit the Oregon DMV website to determine the requirements for your code.

You can also inquire to the DMV about your requirements online, by phone: (503) 945-5400/5000, by emailing them by using their licensingor by mail at:

DMV Driver Suspension Unit

1905 Lana Ave. NE

Salem, OR 97314

In all cases you will need to pay a reinstatement fee of $75 and possibly other fees, for example, if your license has expired during the suspension period. Additional requirements may apply, based on the suspension and the laws surrounding the offense, as well as whether you get an additional suspension or revocation from the court.

In order to reinstate your suspended license, you must pay a $75 reinstatement fee. You can pay your reinstatement fee at your local DMV office with cash or a personal check. The OR DMV will not accept credit or debit cards for reinstatement fee payments. Additional fines associated with a conviction may apply.

Payment Plans: The Oregon Department of Revenue has partnered with circuit courts to help drivers reinstate their licenses with the help of a payment plan. For more information on payment plan options, please visit the Oregon DOR website.

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your Oregon commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in Oregon or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges. The following penalties are set by the Federal Motor Carrier Safety Administration:

Major Offenses: You’ll get a 1-year license suspension for any of the following major offenses:

• Operating a commercial motor vehicle (CMV) with a BAC of 0.04%.
• Refusing to submit to a sobriety test.
• Leaving the scene of an accident.
• Committing a felony with the vehicle.
• Operating a CMV with a suspended, revoked, or canceled CDL.
• Negligent driving resulting in fatality.

Major Offense Penalties:

• 1st violation: 1 year; 3 years if you were transporting hazardous materials.
• 2nd violation: Lifetime disqualification.

A refusal to submit to a BAC test will disqualify your CDL for the following durations:

• At least 3 years if driving with non-hazardous materials.
• At least 5 years if driving with hazardous materials.

Serious Offenses:

• Reckless driving.
• Excessive speeding (more than 15 mph over the speed limit).
• Changing lanes improperly.
• Following too closely behind another vehicle.
• Operating a CMV without having a CDL.
• Operating a CMV without having your CDL in your possession.
• Operating a CMV without the proper CDL endorsement.
• Causing a fatal accident by violating any motor vehicle traffic control law (other than a parking violation).
• Violating a state law of texting while driving.

Serious Offense Penalties:

• 2nd offense within 3 years: 60-day suspensions.
• 3rd offense within 3 years: 120-day suspensions.

For more information, check the FMCSA’s Rules and Regulations and the Oregon Commercial Driver Manual.

Railroad Crossing Violations: Offenses that involve inappropriate railroad crossing, such as:

• Failing to slow down and ensure the tracks are clear before crossing.
• Failing to stop when you’re required.
• Driving across the tracks when there’s not enough room for your CMV or your CMV has insufficient undercarriage clearance.

Railroad Crossing Violation Penalties:

• 1st violation: Minimum of 60 days.
• 2nd violation within 3 years: Minimum of 120 days.
• 3rd violation and any subsequent violations within 3 years: Minimum of 1 year.

Out-of-Service Violation Penalties:

• 1st violation: 180 days; 1 year if transporting hazardous materials.
• 2nd violation in 10 years: 3 years; 5 years if transporting hazardous materials.

To reinstate your Oregon CDL, you will have to wait until your disqualification period has ended. Additionally, you must fulfill any specific requirements assigned to you by the court or DMV and pay any applicable fees. You may also be required to apply for a new Oregon CDLand take all tests associated with a CDL application.

For questions regarding your specific suspension or reinstatement requirements, contact your local Oregon DMV office.

FEES FOR REINSTATE YOUR OREGON CDL

Fees to reinstate your CDL may vary based on the reason for disqualification or suspension. Contact your local DMV office to determine your specific fee(s).