809.409
Revocation for conviction of crime.
(1)(a) Upon receipt of a record of conviction of an offense described in this
section, the Department of Transportation shall revoke the driving privileges
of the person convicted.
(b) A person is
entitled to administrative review under ORS 809.440 of a revocation under this
section.
(c) Except as
otherwise provided in subsections (2) and (3) of this section, the revocation
shall be for a period of one year from the date of revocation, except that the
department may not reinstate driving privileges of any person whose privileges
are revoked under this section until the person complies with future
responsibility filings.
(2) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of aggravated vehicular homicide or aggravated
driving while suspended or revoked or any degree of murder, manslaughter or
criminally negligent homicide resulting from the operation of a motor vehicle
or assault in the first degree resulting from the operation of a motor vehicle,
except that the provisions of this subsection do not apply to a person whose
driving privileges are ordered revoked under ORS 809.235. A person whose
driving privileges are revoked under this subsection may apply for
reinstatement of driving privileges:
(a) If the
sentence for the crime for which the person’s driving privileges were revoked,
or any other crimes arising from the same criminal episode, includes
incarceration, no sooner than 10 years from the date the person is released
from incarceration for all crimes arising out of the same criminal episode; or
(b) If the
sentence for the crime for which the person’s driving privileges were revoked
and any other crimes arising from the same criminal episode does not include
incarceration, no sooner than 10 years from the date the department revoked the
privileges under this subsection.
(3)(a) Except as
provided in paragraphs (b) and (c) of this subsection, the department shall
take action under subsection (1) of this section upon receipt of a record of
conviction of failure to perform the duties of a driver to injured persons
under ORS 811.705.
(b) The
department shall revoke driving privileges under this subsection for a period
of three years if the court indicates on the record of conviction that a person
sustained serious physical injury, as defined in ORS 161.015, as a result of
the accident. The person may apply for reinstatement of privileges three years
after the date the person was released from incarceration, if the sentence
includes incarceration. If the sentence does not include incarceration, the
person may apply for reinstatement three years from the date the revocation was
imposed under this subsection.
(c) The
department shall revoke driving privileges under this subsection for a period
of five years if the court indicates on the record of conviction that a person
was killed as a result of the accident. The person may apply for reinstatement
of privileges five years after the date the person was released from
incarceration, if the sentence includes incarceration. If the sentence does not
include incarceration, the person may apply for reinstatement five years from
the date the revocation was imposed under this subsection.
(4) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of any felony with a material element involving the
operation of a motor vehicle.
(5) As used in
this section, “incarceration” means confinement in a Department of Corrections
institution, as defined in ORS 421.005. [2003 c.402 §2; 2007 c.867 §10; 2009
c.320 §2; 2009 c.783 §10; 2011 c.355 §14; 2013 c.124 §1; 2018 c.76 §31; 2023
c.176 §1]
809.410 [1983 c.338 §353; 1985 c.16 §166;
1985 c.301 §1; 1985 c.393 §10a; 1985 c.396 §6; 1985 c.669 §2a; 1985 c.714 §6;
1987 c.137 §4; 1987 c.258 §9; 1987 c.262 §4; 1989 c.224 §140; 1989 c.636 §31;
1989 c.715 §6; 1991 c.702 §10; 1993 c.393 §7; 1993 c.400 §2; 1993 c.627 §3;
1993 c.761 §4; 1995 c.79 §370; 1995 c.253 §5; 1995 c.656 §6; 1995 c.661 §1;
1997 c.83 §3; 1999 c.789 §6; 1999 c.796 §1; 1999 c.1077 §9; 2001 c.176 §5; 2001
c.294 §5; 2001 c.492 §9; 2003 c.14 §488; 2003 c.115 §1; repealed by 2003 c.402 §§6a,43]
Notes of Decisions
Cited in
11
cases (
9 in the last 5 years), 2007–2025 · leading case:
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
· cites it 35× “2 Following the pertinent events in this case, ORS 809.409 was amended in ways that are immaterial to our analysis.”
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025).
· cites it 13× “411(5), rather than revoking for one year under ORS 809.409(4). Because we conclude that ORS 809.”
State v. Schriner, 336 Or. App. 873 (Or. Ct. App. 2024).
· cites it 35× “2 Following the pertinent events in this case, ORS 809.409 was amended in ways that are immaterial to our analysis.”
State v. Vazquez-Escobar, 153 P.3d 168 (Or. Ct. App. 2007).
“010 or its statutory counterpart in any other jurisdiction for a third or subsequent time.”
State v. Thomas, 341 Or. App. 286 (Or. Ct. App. 2025).
· cites it 6× “240(1)(a) (providing that a trial court shall revoke driving privileges upon conviction of an offense that results in mandatory revocation under ORS 809.409); ORS 809.409(4) (address- ing revocation for a conviction of any felony “with a mate- rial element involving the…”
State v. Thomas, 341 Or. App. 286 (Or. Ct. App. 2025).
· cites it 6× “240(1)(a) (providing that a trial court shall revoke driving privileges upon conviction of an offense that results in mandatory revocation under ORS 809.409); ORS 809.409(4) (address- ing revocation for a conviction of any felony “with a mate- rial element involving the…”
State v. Farnharm, 374 Or. 593 (Or. 2025).
· cites it 2× “411(5) (providing for a 90-day driver’s license sus- pension for a first conviction) applies only to misdemeanor convictions for fleeing or attempting to elude, whereas ORS 809.409(4) (providing for a one-year driver’s license revoca- tion) applies to felony convictions for that…”
State v. Higgins, 332 Or. App. 769 (Or. Ct. App. 2024).
· cites it 5× “At the same hearing, defendant argued that ORS 809.409 did not apply to the crime of UUV because the term “vehicle” in ORS 164.”
State v. Roberts, 172 P.3d 651 (Or. Ct. App. 2007).
“240(1) requires the court to impose a suspension of driving privileges “for the required period” when “a person is convicted of an offense that will result in mandatory suspension or revocation under ORS 809.409, 809.411, 809.413, 813.400 or 814.”
State v. Farnham, 374 Or. 593 (Or. 2025).
· cites it 2× “411(5) (providing for a 90-day driver’s license sus- pension for a first conviction) applies only to misdemeanor convictions for fleeing or attempting to elude, whereas ORS 809.409(4) (providing for a one-year driver’s license revoca- tion) applies to felony convictions for that…”
State v. Farnham, 374 Or. 593 (Or. 2025).
· cites it 2× “411(5) (providing for a 90-day driver’s license sus- pension for a first conviction) applies only to misdemeanor convictions for fleeing or attempting to elude, whereas ORS 809.409(4) (providing for a one-year driver’s license revoca- tion) applies to felony convictions for that…”
— Or. Rev. Stat. § 809.409(1) — 2 cases
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
“2 Following the pertinent events in this case, ORS 809.409 was amended in ways that are immaterial to our analysis.”
State v. Schriner, 336 Or. App. 873 (Or. Ct. App. 2024).
“2 Following the pertinent events in this case, ORS 809.409 was amended in ways that are immaterial to our analysis.”
— Or. Rev. Stat. § 809.409(1)(a) — 1 case
State v. Higgins, 332 Or. App. 769 (Or. Ct. App. 2024).
“At the same hearing, defendant argued that ORS 809.409 did not apply to the crime of UUV because the term “vehicle” in ORS 164.”
— Or. Rev. Stat. § 809.409(1)(c) — 1 case
State v. Higgins, 332 Or. App. 769 (Or. Ct. App. 2024).
“At the same hearing, defendant argued that ORS 809.409 did not apply to the crime of UUV because the term “vehicle” in ORS 164.”
— Or. Rev. Stat. § 809.409(4) — 9 cases
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025).
“411(5), rather than revoking for one year under ORS 809.409(4). Because we conclude that ORS 809.”
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
“2 Following the pertinent events in this case, ORS 809.409 was amended in ways that are immaterial to our analysis.”
State v. Schriner, 336 Or. App. 873 (Or. Ct. App. 2024).
“2 Following the pertinent events in this case, ORS 809.409 was amended in ways that are immaterial to our analysis.”
State v. Thomas, 341 Or. App. 286 (Or. Ct. App. 2025).
“240(1)(a) (providing that a trial court shall revoke driving privileges upon conviction of an offense that results in mandatory revocation under ORS 809.409); ORS 809.409(4) (address- ing revocation for a conviction of any felony “with a mate- rial element involving the…”
State v. Thomas, 341 Or. App. 286 (Or. Ct. App. 2025).
“240(1)(a) (providing that a trial court shall revoke driving privileges upon conviction of an offense that results in mandatory revocation under ORS 809.409); ORS 809.409(4) (address- ing revocation for a conviction of any felony “with a mate- rial element involving the…”
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