(1)(a) Notwithstanding ORS 809.409 (2), the court shall order that a person’s driving privileges be permanently revoked if the person is convicted of any degree of murder or of manslaughter in the first degree and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim.
(b) The court shall order that a person’s driving privileges be permanently revoked if the person is convicted of felony driving while under the influence of intoxicants in violation of ORS 813.010 or if the person is convicted for a third or subsequent time of any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in violation of:
(i) ORS 813.010; or
(ii) The statutory counterpart to ORS 813.010 in another jurisdiction.
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.
(C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.
(c) For the purposes of paragraph (b) of this subsection, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.
(2)(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the county in which the person resides for an order restoring the person’s driving privileges. A petition may be filed under this subsection no sooner than 10 years after the person is:
(A) Released on parole or post-prison supervision; or
(B) Sentenced to probation if the probation is not revoked and the person is thereafter discharged without the imposition of a sentence of imprisonment.
(b) The district attorney of the county in which the person resides shall be named and served as the respondent in the petition.
(3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:
(a) The nature of the offense for which driving privileges were revoked.
(b) The degree of violence involved in the offense.
(c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.
(d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.
(e) Any other relevant factors.
(4) If, after a hearing described in subsection (3) of this section, the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the public, the court shall order the petitioner’s driving privileges restored. [1993 c.761 §2; 1995 c.661 §2; 2001 c.786 §1; 2003 c.346 §2; 2003 c.402 §22; 2005 c.436 §1; 2007 c.879 §4]
Note: Section 4, chapter 346, Oregon Laws 2003, provides:
Sec. 4. The amendments to ORS 809.235, 811.182 and 813.400 by sections 1 to 3 of this 2003 Act apply to persons whose third conviction of misdemeanor driving while under the influence of intoxicants occurs on or after the effective date of this 2003 Act [January 1, 2004]. [2003 c.346 §4]
Note: Section 3, chapter 436, Oregon Laws 2005, provides:
Sec. 3. The amendments to ORS 809.235 and 813.400 by sections 1 and 2 of this 2005 Act apply to persons whose third or subsequent conviction of misdemeanor driving while under the influence of intoxicants occurs on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.436 §3]
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