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Oregon Court Records

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How to Get Your License Back After a DUII in Oregon

In Oregon, driving under the influence of intoxicants (DUII) refers to operating a vehicle while under the influence of intoxicants such as alcohol, controlled substances, prescription drugs, and marijuana. Such action constitutes a serious infraction under Oregon law, punishable by the Oregon Department of Transportation's Driver and Motor Vehicle Services license suspension and other court-imposed penalties.

Step 1: Know the Terms of Your Suspension

Oregon DUII offense types influence the nature and extent of suspensions and waiting periods before license reinstatement. The following table outlines the duration of suspension, availability of hardship permits, and license reinstatement waiting times by offense type.

Offense Type Suspension Duration Hardship Permit Eligibility Reinstatement Waiting Period
First DUII Offense 1 year (if no prior DUII) Eligible after 30 days (with approval) 30 days after suspension
Second DUII Offense 3 years Eligible after 90 days (with approval) 90 days after suspension
Third DUII Offense Permanent suspension Not eligible for hardship permit Permanent suspension
Refusal to Take Breathalyzer 1 year Eligible after 90 days (with approval) 90 days after suspension
Underage DUII (Under 21) 1 year Eligible after 30 days (with approval) 30 days after suspension

Step 2: Fulfill Court and DMV Requirements

In Oregon, DUII offenses are primarily handled by the DMV and the courts. While these processes are similar, they differ from one another.

The Department of Motor Vehicle Services (Oregon DOT) handles the granting of administrative license suspensions that affect the offender's driving rights, not jail time or penalties. In contrast, DUI court hearings frequently result in penalties such as fines, jail time, community service, and obligatory attendance at DUI education or treatment programs.

Administrative suspensions have a predetermined timeframe, depending on the failure or refusal to take chemical tests, as well as prior convictions. Criminal suspensions often vary depending on the offense and the judge's decision.

Step 3: Complete a DUII Education or Treatment Program

Under Oregon law, anyone charged or convicted of intoxicated driving must complete a DUII Education or Treatment Program, which may be ordered by the court, the Oregon Department of Motor Vehicles, or both, depending on the case. The following section discusses some of these programs:

DUII Education Program (Level 0.5): This program is designed for persons diagnosed as not having a substance use disorder. This course has a duration of at least 12 hours, comprising four sessions held over a period of four weeks. Participants are instructed on Oregon DUII laws, the effects of alcohol and drugs on driving, and alternatives to impaired driving. The cost of the program varies from one provider to another. The Oregon Health Authority, however, expects participants to pay a $150 DUII screening fee before the commencement of the program.

DUII Rehabilitation Program: This program is specifically for people who meet the criteria for a substance use disorder or possess a history of substance-related issues. Based on individual assessment, the court- or DMV-ordered program typically lasts 6 to 12 weeks or longer, as directed by the DMV. This program ranges from $150 to $1,000 and includes DUII education, outpatient or intensive outpatient treatment, urinalysis testing, and counseling.

Before enrolling in the program, prospective participants must initially undergo a screening interview with an Alcohol and Other Drug Screening Specialist (ADSS) designated by the court. Thereafter, the ADSS refers the individual to a state-approved DUII Services Provider.

Step 4: Get SR-22 Insurance or Equivalent

In Oregon, an SR-22 is a form that a driver must provide to demonstrate compliance with Oregon's minimum auto liability insurance requirements. Insurance companies issue SR-22 certificates as proof of "future responsibility".

The Oregon Driver and Motor Vehicle Services expects drivers to submit an SR-22 if:

  • They were involved in an accident while driving without auto insurance.
  • They were the owner of a vehicle involved in an uninsured collision.
  • They were convicted of driving without insurance, driving while intoxicated (DUII), and other traffic offenses.
  • They are trying to obtain a hardship permit.

Individuals required to maintain SR-22 insurance should contact their insurance provider for such coverage. Insurers usually charge higher SR-22 premiums than normal liability coverage because they perceive individuals who need SR-22 as "high-risk" drivers. The Oregon Driver and Motor Vehicle Services (DMV) expects individuals charged or convicted of a DUII-related offense to maintain an SR-22 insurance for three years. Parties that do not comply with this directive may have their license suspended.

Step 5: Pay Reinstatement Fees

Individuals seeking to reinstate their license after a Driving Under the Influence of Intoxicants (DUII) offense in Oregon must pay a standard reinstatement fee of $75. Additional fees may apply, such as a $75 Hardship Permit Application Fee (if applicable) and a $60 Replacement License Fee for a new license.

Applicants may view the exact amount and pay their license reinstatement by logging into their DMV2U account. The portal accepts credit and debit cards (Visa, MasterCard, Discover) for payments. They may also make payments at DMV office locations using cash, checks, money orders (exact amount only), mobile payments, debit cards, and credit cards (Discover, MasterCard, and Visa). Alternatively, applicants may send their payment and accompanying documentation by mail (check or money order) to:

DMV - Driver Sanctions Unit
1905 Lana Avenue NE
Salem, OR 97314

Step 6: Submit Your License Reinstatement Application

In Oregon, the following channels are available to parties wishing to submit their reinstatement application:

  • Online: Applicants may visit the Oregon DMV Online Services to verify their eligibility and pay reinstatement fees.
  • In Person: Applicants may schedule an appointment via the DMV2U Appointment Scheduler and visit a local DMV office. They should remember to bring the required documents, including proof of identity and any relevant court or treatment programs certificates. They may also call DMV Services at (503) 945-5000 for inquiries about their specific case.
  • By Mail: They may also mail their reinstatement documentation and payment to:
    DMV Headquarters
    1905 Lana Ave NE
    Salem, OR 97314

What If You're Denied License Reinstatement in Oregon?

Although every case is unique, certain factors are more prevalent than others in denying a driver's license reinstatement. Uncompleted court-ordered or DMV-mandated requirements 9DUII treatment, SR-22 insurance), incomplete documentation, non-attendance of hearings, submission of an application too soon after a previous reinstatement denial, and fresh violations and offenses are some reasons why a license reinstatement application may be denied.

Individuals who have had their applications denied by the DMV or court should undertake the following steps:

  • Review the written explanation for the denial provided by the DMV or court. This offers a roadmap to resolving the issue.
  • Applicants who believe they were wrongly denied may request a hearing with the Oregon DMV within 20 days of receiving the denial notice.
  • For a court-ordered suspension, the applicant should consider filing an appeal with the court that issued the suspension. This process may require contracting the services of an attorney.

Hardship Licenses: Driving with Limited Privileges

In Oregon, a hardship permit, commonly referred to as a hardship license, allows suspended drivers to regain partial driving privileges for purposes such as commuting to and from work and school or attending alcohol, drug, and gambling treatment and rehabilitation programs. Holders of hardship permits may also drive to access medical services for themselves and their families, as well as cater to other specific family needs.

Individuals ineligible to obtain a hardship permit under Oregon DUII laws include anyone who has had their license revoked for a traffic crime, suspended for a second or subsequent DUII conviction within five years of a previous conviction, or had their license suspended due to assault. Others include individuals documented under the At-Risk Driver Program, those who have had their license suspended due to non-payment of child support, or those who are undergoing a waiting period for reinstatement of their license.

To obtain a hardship permit in Oregon, visit the DMV2U to download and fill out an online hardship application. Applicants must also provide all necessary documents and pay a non-refundable application fee of $75 and a reinstatement fee of $85.

How Long Does It Take to Get Your License Back After a DUII?

The timeline for restoring an individual's license following an Oregon DUII conviction depends on their offense history and compliance with requirements, including the installation of an ignition interlock device, maintenance of SR-22 insurance, completion of a DUII education program, and payment of the reinstatement fee.

Offense History License Suspension Period Hardship Permit Eligibility Reinstatement Timeline Requirements for Reinstatement
First DUII Conviction 1 year Immediate application possible After serving a 1-year suspension, apply for reinstatement Install Ignition Interlock Device (IID), Complete DUII education program, Maintain SR-22 insurance for 3 years, Pay $75 reinstatement fee
Second DUII Conviction (Within 5 Years) 3 years Not eligible After serving a 3-year suspension, apply for reinstatement Install IID, Complete DUII education program, Maintain SR-22 insurance for 3 years, Pay $75 reinstatement fee
Third DUII Conviction Lifetime disqualification Eligible after 10 years After 10 years, apply for reinstatement Install IID, Complete DUII education program, maintain SR-22 insurance for 3 years, pay $75 reinstatement fee.
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