Oregon Statutes - Chapter 813 - Driving Under the Influence of Intoxicants - Section 813.404 - Duration of suspension of commercial driver license.

When the Department of Transportation imposes a suspension of a commercial driver license under ORS 813.403 or 813.410 (2), or when the department imposes a suspension of a commercial driver license under ORS 809.413 (11) or (12) for conduct in another jurisdiction that is substantially similar to that described in either ORS 813.403 or 813.410 (2), the suspension shall be:

(1) For a period of one year if:

(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;

(b) The person was not driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the personís blood that was 0.04 percent or more by weight.

(2) For a period of three years if:

(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;

(b) The person was not driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is for refusal of a test under ORS 813.100.

(3) For a period of three years if:

(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;

(b) The person was driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the personís blood that was 0.04 percent or more by weight.

(4) For a period of five years if:

(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;

(b) The person was driving a commercial motor vehicle containing a hazardous material at the time of the offense; and

(c) The suspension is for refusal of a test under ORS 813.100.

(5) For the lifetime of the person if the person has previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404. [1989 c.636 §41; 1991 c.185 §16; 1993 c.305 §5; 1995 c.568 §5; 2003 c.402 §42; 2005 c.649 §25]

Note: Section 26, chapter 649, Oregon Laws 2005, provides:

Sec. 26. The amendments to ORS 813.404 by section 25 of this 2005 Act apply to:

(1) Offenses committed before, on or after the effective date of this 2005 Act [July 27, 2005] for suspensions imposed as provided under ORS 813.404 (1) to (4).

(2) Offenses committed before, on or after the effective date of this 2005 Act for suspensions imposed as provided under ORS 813.404 (5) if:

(a) The person has two or more previous records of conviction or suspensions as described in section 13 of this 2005 Act [809.404];

(b) The records of conviction or suspensions described in paragraph (a) of this subsection resulted from the operation of a commercial motor vehicle; and

(c) None of the offenses described in paragraph (a) of this subsection was an offense described in section 13 (2)(f) of this 2005 Act [809.404 (2)(f)].

(3) Offenses committed on or after the effective date of this 2005 Act for suspensions imposed under ORS 813.404 (5) if the offense is not an offense described in subsection (2) of this section. [2005 c.649 §26]

(Under Implied Consent Law)

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Last modified: August 7, 2008