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OREGON DUII GUIDE



David N Lesh
Oregon DUII Attorney
Oregon Super Lawyer 2018 and 2019

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How does a DUII effect a CDL in Oregon?

First, it is important to understand that CDL holders may not enter the DUII diversion program even if they were not driving a commercial vehicle at the time of the offense.  ORS 813.215(1)(h).

Other than the inability to participate in diversion, when a driver get a DUII as a CDL holder in Oregon you face most of the same penalties as a non-CDL holder.  The difference is the effect that the DUII has on the CDL license itself. 

For a first DUII conviction, if you are driving a non-CMV, your CDL will be suspended for the same period of time as your non-commercial Class C license:  One year. 

However, for a second DUII conviction, your CDL will be suspended for life while your non-commercial Class C license will be suspended for one or three years depending on the date of your first DUII conviction.

Implied consent law is similar when in a non-CMV.  For a first implied consent suspension, your CDL will be suspended for the same length of time as your non-commercial Class C license:  90 days for a BAC failure and one year for a refusal.

For a second implied consent suspension, your CDL will be suspended for life.

When a CDL holder gets a DUII while operating a CMV, the license suspension are typically more severe as shown in this table prepared by Oregon Department of Motor Vehicles:

OREGON CDL / CMV Suspension Table


 

Commercial Driving Privileges

 

      ORS 809.510 Conviction of crime; refusal or failure of blood alcohol test; suspension in another jurisdiction. (1) Except as otherwise provided by ORS 809.510 to 809.545, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of one year when the department receives:

      (a) A record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver.

      (b) A record of conviction of a crime punishable as a felony involving the operation of a motor vehicle.

      (c) A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while operating a commercial motor vehicle, the commercial driving privileges of the driver were suspended.

      (d) A record of conviction of assault in the first degree, or any degree of criminally negligent homicide, manslaughter or murder, if the conviction results from the operation of a commercial motor vehicle.

      (e) A record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked.

      (f) A record of conviction for driving while under the influence of intoxicants under ORS 813.010.

      (2) The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a record of a conviction under subsection (1) of this section and the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.

      (3) The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS 813.120 that the person was driving a commercial motor vehicle and submitted to a breath or blood test and the person’s blood, as shown by the test, had 0.04 percent or more by weight of alcohol. The department shall suspend the commercial driving privileges of the person for a period of three years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.

      (4) The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a report from a police officer pursuant to ORS 813.120 that the person was driving a motor vehicle and refused to submit to a test under ORS 813.100. The department shall suspend the commercial driving privileges of the person for a period of five years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.

      (5) The department shall suspend the commercial driving privileges of a person if the department receives a notice of a conviction in another jurisdiction of an offense that, if committed in this state, would be grounds for the suspension of the person’s commercial driving privileges. The period of suspension under this subsection shall be the same as would be imposed on the person if the conviction were for an offense committed in this state. For the purposes of this subsection, “conviction” means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or in an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or the violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

      (6) The department shall suspend the commercial driving privileges of a person in this state if the department receives a notice from another jurisdiction that the person has had commercial driving privileges suspended or revoked in another jurisdiction for reasons that would be grounds for suspension of the person’s commercial driving privileges in this state. The period of suspension under this subsection is the same as would be imposed on the person if the violation were committed in this state.

      (7) If the department receives a record, report or notice under this section for a person who does not hold commercial driving privileges in this state, the department shall suspend the person’s right to apply for commercial driving privileges as provided in ORS 809.540 (1).

      (8) A suspension imposed under this section is consecutive to any other suspension imposed under ORS 809.525, 809.530 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 §4]

 

      ORS 809.515 Failure to appear, pay fine or obey court order in another jurisdiction; disqualification by Federal Motor Carrier Safety Administration. (1)(a) The Department of Transportation shall suspend the commercial driving privileges of a person if the department receives a notice from another jurisdiction that the person failed to appear, pay a fine or comply with an order of the court in a prosecution on a citation for a traffic offense or for a violation in the other jurisdiction that, if committed in this state, would be grounds for suspension under ORS 809.210 or 809.220, and the person held commercial driving privileges or was operating a commercial motor vehicle at the time of the offense. The period of a suspension under this subsection is the shorter of:

      (A) Ten years; or

      (B) Until the department receives notice from the other jurisdiction that the person appeared, paid the fine or complied with the court’s order.

      (b) The department shall suspend a person’s commercial driving privileges under this subsection without regard to whether the other jurisdiction suspends any driving privileges of the person by reason of the person’s failure to appear, pay a fine or comply with an order of the court.

      (c) This subsection does not apply to failure to appear, pay a fine or comply with an order of the court in a proceeding relating to a parking, pedestrian, vehicle defect or bicycling offense.

      (2) The department shall suspend the commercial driving privileges of a person if the department receives a notice from the Federal Motor Carrier Safety Administration that the person has been disqualified from operating a commercial motor vehicle and that the disqualification is due to a determination that the driving of that person constitutes an imminent hazard. The department shall immediately suspend commercial driving privileges under this subsection without hearing, but the person may request a post-imposition hearing under ORS 809.440 (4), without regard to any hearings conducted by the Federal Motor Carrier Safety Administration. The period of a suspension under this section is the period of suspension prescribed by the Federal Motor Carrier Safety Administration, or one year, whichever is shorter. [2013 c.237 §5]

 

      ORS 809.520 Lifetime suspension of commercial driving privileges. (1) Notwithstanding ORS 809.510, the Department of Transportation shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime punishable as a felony in which a motor vehicle was used and that involved the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 475.005. The department may not reinstate commercial driving privileges of a person whose commercial driving privileges are suspended under this subsection.

      (2) Notwithstanding ORS 809.510, the department shall suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a second or subsequent record, report or notice described in ORS 809.510 that does not arise out of the same incident and that would be grounds for suspension of the person’s commercial driving privileges under ORS 809.510.

      (3) Except as provided in subsections (1) and (4) of this section, a person whose commercial driving privileges were suspended under subsection (2) of this section may apply to the department for reinstatement of the person’s commercial driving privileges. An application for reinstatement may not be made under this subsection earlier than 10 years after the date that the person’s commercial driving privileges were suspended under subsection (2) of this section. The department may reinstate the person’s commercial driving privileges if:

      (a) The person meets all other requirements for the granting of commercial driving privileges;

      (b) The department, in its sole discretion, finds good cause exists for reinstatement; and

      (c) The department finds that the person has successfully completed rehabilitation as approved by the department.

      (4) The department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record, report or notice described in subsection (2) of this section that relates to conduct that occurred after the person’s commercial driving privileges were reinstated under subsection (3) of this section. The department may not reinstate the commercial driving privileges for the lifetime of a person whose commercial driving privileges are suspended under this subsection. [2013 c.237 §6]

 

      ORS 809.525 Serious traffic offenses; rules. (1) Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 60 days if:

      (a) The department receives a record of a conviction of a serious traffic offense;

      (b) The offense was committed within three years of the commission of another serious traffic offense for which the department received a record of a conviction; and

      (c) The offenses did not arise out of the same incident.

      (2) The department shall suspend the commercial driving privileges of a person for a period of 120 days if:

      (a) The department receives a record of a conviction of a serious traffic offense;

      (b) The offense was committed within three years of the commission of two or more other serious traffic offenses for which the department received records of conviction; and

      (c) The offenses did not arise out of the same incident.

      (3) The department by rule shall designate traffic offenses that constitute serious traffic offenses for the purposes of this section. To the extent practicable, rules adopted by the department under this section shall be uniform with any applicable federal regulations related to offenses that constitute serious traffic offenses.

      (4) A report of a conviction in another jurisdiction has the same effect as if the serious traffic offense conviction had occurred in this state.

      (5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.530 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 §7; 2017 c.190 §2]

 

      ORS 809.530 Violation of out-of-service order. (1) Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 180 days if the department receives a report that the person violated an out-of-service order issued under ORS 813.050 or has violated any other out-of-service order or notice. A report under this section may include, but need not be limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to make a determination that the person has violated an out-of-service order or notice.

      (2) The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report as described in subsection (1) of this section and:

      (a) The person committed the violation while transporting hazardous materials; or

      (b) The person committed the violation while operating a motor vehicle designed to transport 16 or more persons, including the driver.

      (3) The department shall suspend the commercial driving privileges of a person for a period of three years if:

      (a) The department receives a report as described in subsection (1) of this section; and

      (b) The violation was committed within 10 years of the commission of one or more other violations of out-of-service orders for which the department received reports as described in subsection (1) of this section.

      (4) The department shall suspend the commercial driving privileges of a person for a period of five years if the department receives a report that meets the requirements of subsection (3) of this section and:

      (a) The violation that is the subject of the report occurred while the person was transporting hazardous materials; or

      (b) The person committed the violation while operating a motor vehicle designed to transport 16 or more persons, including the driver.

      (5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.525 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 §8]

 

      ORS 809.535 Suspension of commercial driver license for specified rail crossing violations. (1) The driver of a commercial motor vehicle is subject to suspension of the driver’s commercial driving privileges upon conviction of any of the following offenses:

      (a) Failure to stop for a railroad signal in violation of ORS 811.455.

      (b) Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS 811.460.

      (c) Obstructing a rail crossing in violation of ORS 811.475.

      (d) Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment in violation of ORS 811.462.

      (2) Upon receipt of a record of conviction for an offense described in subsection (1) of this section, the Department of Transportation shall suspend the convicted person’s commercial driving privileges for the following periods of time:

      (a) Sixty days if:

      (A) The conviction is the person’s first conviction of an offense described in subsection (1) of this section; or

      (B) The date the person committed an offense described in subsection (1) of this section is not within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction.

      (b) One hundred and twenty days if:

      (A) The conviction is the person’s second conviction of an offense described in subsection (1) of this section;

      (B) The date the person committed the second offense is within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction; and

      (C) The convictions arose out of separate incidents.

      (c) One year if:

      (A) The conviction is the person’s third or subsequent conviction for an offense described in subsection (1) of this section;

      (B) The date the person committed the latest offense is within three years of the dates the person committed two or more other offenses, as described in subsection (1) of this section and for which there were convictions; and

      (C) The convictions arose out of separate incidents.

      (3) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

      (4) A report of a conviction in another jurisdiction of an offense described in subsection (1) of this section has the same effect as if the conviction had occurred in this state.

      (5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.525 or 809.530 if the suspensions do not arise out of the same incident. [Formerly 809.407; 2013 c.237 §18; 2017 c.176 §6]

 

      ORS 809.540 Right to apply. (1) If the Department of Transportation receives a record, report or notice described in ORS 809.510 to 809.545, and the person who is the subject of the record, report or notice was driving a commercial motor vehicle at the time of the incident giving rise to the record, report or notice but did not hold commercial driving privileges at the time of the incident, the department shall suspend the person’s right to apply for commercial driving privileges for the period specified in ORS 809.510 to 809.545.

      (2) If the department receives a record, report or notice described in ORS 809.510 to 809.545, and the commercial driving privileges of the person who is the subject of the record, report or notice are due to expire during the suspension period, the department shall suspend the person’s right to apply for commercial driving privileges for the suspension period specified in ORS 809.510 to 809.545. [2013 c.237 §10]

 

      ORS 809.545 Administrative review. (1) Except as provided in subsections (2) and (3) of this section, a person is entitled to administrative review under ORS 809.440 for a suspension of commercial driving privileges under ORS 809.510 to 809.545, or a suspension of the right to apply for commercial driving privileges under ORS 809.540.

      (2) A person is entitled to a hearing under ORS 813.410 for a suspension of commercial driving privileges under ORS 809.510 (3) or (4), or a suspension of the right to apply for commercial driving privileges under ORS 809.540 based on ORS 809.510 (3) or (4).

      (3) A person is entitled to a hearing under ORS 813.410 for a suspension of commercial driving privileges under ORS 809.520 (2) or (4) when the suspension is based on conduct described in ORS 809.510 (3) or (4), or a suspension of the right to apply for commercial driving privileges under ORS 809.540 when the suspension is based on conduct described in ORS 809.510 (3) or (4). [2013 c.237 §11]

 

 

 

 

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OREGON DUII DIVERSION INFORMATION

 

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