(1) The Department of Transportation may not issue a hardship permit to a person whose driving privileges are suspended for conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of:
(a) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle;
(b) Reckless driving, as defined in ORS 811.140;
(c) Driving while under the influence of intoxicants, as defined in ORS 813.010;
(d) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705;
(e) Criminal driving while suspended or revoked, as defined in ORS 811.182;
(f) Fleeing or attempting to elude a police officer, as defined in ORS 811.540; or
(g) Aggravated vehicular homicide, as defined in ORS 163.149.
(2) A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of subsection (1) of this section.
(3) The department may not issue a hardship permit to a person whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:
(a) For a period of four years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.
(b) For a period of four years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.
(c) For a period of two years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.
(d) For a period of two years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.
(e) For a period of six months from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.
(f) For a period of six months from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.
(4) A hardship permit issued to a person whose driving privileges are suspended because of a conviction for assault in the second, third or fourth degree shall limit the person’s driving privileges:
(a) To the times, places, routes and days the department determines to be minimally necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program or to obtain required medical treatment for the person or a member of the person’s immediate family; and
(b) To times, places, routes and days that are specifically stated.
(5) The person’s driving privileges under the permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit.
(6) The department may require the person to complete a driver improvement program under ORS 809.480 as a condition of the permit.
(7) The department shall condition the permit so that the permit will be revoked if the person is convicted of any of the following:
(a) Reckless driving under ORS 811.140.
(b) Driving while under the influence of intoxicants under ORS 813.010.
(c) Failure to perform the duties of a driver under ORS 811.700 or 811.705.
(d) Fleeing or attempting to elude a police officer under ORS 811.540.
(e) Driving while suspended or revoked under ORS 811.175 or 811.182.
(f) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle.
(g) Aggravated vehicular homicide under ORS 163.149. [1999 c.796 §3; 2001 c.104 §302; 2003 c.14 §481; 2003 c.23 §3; 2007 c.867 §9]
Section: Previous 807.175 807.200 807.210 807.220 807.230 807.240 807.250 807.252 807.260 807.270 807.280 807.290 807.300 807.310 807.320 NextLast modified: August 7, 2008