Editor’s note: This commentary is part of the Emerald’s and ASUO Legal Services’ ongoing efforts to assist students through education as well as representation. ASUO Legal Services’ attorneys are licensed to practice in the state of Oregon. Information disseminated in this article does not constitute legal advice and does not create an attorney/client relationship. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.
Many people consider driving to be a right to which they are entitled, when in fact, it is a privilege which can be suspended or revoked by the state. Your license will be suspended in Oregon if you violate any number of laws.
The length of suspension varies with the crime of conviction. Repeated convictions can enhance the suspension length. If you drive while your license is suspended, you can be charged with a misdemeanor or felony crime of Driving While Suspended and receive fines and significant jail time.
Driving under the influence of intoxicants carries a host of different suspensions. A first conviction for DUII results in a suspension for a period of one year. For a second conviction within five years, the suspension is for three years. Under a new law which went into effect Jan. 1, 2004, a third DUII conviction can result in a permanent license suspension. This new law is currently being challenged in court. Unless or until it is ruled unconstitutional, however, the law is in effect and licenses will be permanently revoked upon a third DUII conviction.
Additionally, if you are arrested for DUII and refuse to blow in the Intoxilyzer machine, you will receive a one-year suspension. If you blow and your result is 0.08 percent blood alcohol or higher, you automatically receive a 90-day suspension.
Other driving-related offenses carry various suspensions. A first conviction for Reckless Driving, Reckless Endangering or for Hit and Run with property damage nets a 90-day suspension. The second conviction of any of these crimes results in a one-year conviction. A conviction for Hit and Run with personal injury requires a one-year suspension. Other criminal convictions which are not obviously related to driving also carry a mandatory license suspension. For example, the crimes of Menacing and Criminal Mischief connected to operating a motor vehicle result in a license suspension of 90 days for a first conviction and one year for a second such conviction. The suspension is six months for convictions of Unlawful Possession or Delivery of a Controlled Substance. Even a violation charge of possession of less than one ounce of marijuana can carry a suspension if the court is so inclined.
The suspension is one year for convictions of Unlawful Use of a Motor Vehicle, False Information to a Police Officer, Using the ID of Another, or Misdemeanor Assault.
Most suspensions allow you to obtain a hardship permit to drive to and from work, school and medical appointments. However, there is often a requirement to serve part of the suspension before obtaining the hardship permit. Hardship permits are not available if your license is revoked or suspended for Hit and Run with personal injury, Driving While Suspended or Revoked, for failure to pay child support or for most drug offenses.
Each case differs in its unique facts. To discuss how the law applies to your facts, see a lawyer immediately after your police contact. Schedule an appointment with your ASUO Legal Services lawyer by calling 346-4273.