809.411
Suspension for conviction of crime.
(1)(a) Upon receipt of a record of conviction for an offense described in this
section, the Department of Transportation shall suspend the driving privileges
of the person convicted.
(b) A person is
entitled to administrative review under ORS 809.440 of a suspension under this
section.
(c) Except as
otherwise provided in subsections (7), (8) and (9) of this section, the
suspension shall be for the period of time described in Schedule I of ORS
809.428. The department may not reinstate driving privileges of any person
whose privileges are suspended under subsection (2), (3), (4), (5), (6) or (9)
of this section until the person complies with future responsibility filings.
There is no requirement of compliance with future responsibility filings if the
person was suspended under subsection (7) or (8) of this section.
(2) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of any degree of recklessly endangering another
person, menacing or criminal mischief resulting from the operation of a motor
vehicle.
(3) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of reckless driving under ORS 811.140.
(4) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of failure to perform duties of a driver when
property is damaged under ORS 811.700.
(5) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of fleeing or attempting to elude a police officer
under ORS 811.540.
(6) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of reckless endangerment of highway workers under ORS
811.231 (1).
(7) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of criminal trespass under ORS 164.245 that involves
the operation of a motor vehicle. A suspension under this subsection shall
continue for a period of six months from the date of suspension.
(8) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of an offense described in ORS 809.310. A suspension
under this subsection shall continue for a period of one year from the date of
the suspension.
(9)(a) The
department shall take action under subsection (1) of this section upon receipt
of a record of conviction of assault in the second, third or fourth degree
resulting from the operation of a motor vehicle.
(b) A person who
is convicted of assault in the second degree and whose driving privileges are
suspended under this subsection may apply for reinstatement of driving
privileges eight years from the date the person is released from incarceration
for the conviction, if the sentence includes incarceration. If the sentence for
the conviction does not include incarceration, the person may apply for
reinstatement of driving privileges eight years from the date the department
suspended the privileges under this subsection.
(c) A person who
is convicted of assault in the third degree and whose driving privileges are
suspended under this subsection may apply for reinstatement of driving
privileges five years from the date the person is released from incarceration
for the conviction, if the sentence includes incarceration. If the sentence for
the conviction does not include incarceration, the person may apply for
reinstatement of driving privileges five years from the date the department
suspended the privileges under this subsection.
(d) A person who
is convicted of assault in the fourth degree and whose driving privileges are
suspended under this subsection may apply for reinstatement of driving
privileges one year from the date the person is released from incarceration for
the conviction, if the sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply for
reinstatement of driving privileges one year from the date the department
suspended the privileges under this subsection.
(10) As used in
this section, “incarceration” means confinement in a Department of Corrections
institution, as defined in ORS 421.005. [2003 c.402 §3; 2005 c.403 §1; 2011
c.355 §15; 2018 c.76 §32; 2023 c.176 §2]
Notes of Decisions
Cited in
12
cases (
9 in the last 5 years), 2008–2026 · leading case:
State v. Pohle, 505 P.3d 475 (Or. Ct. App. 2022).
State v. Pohle, 505 P.3d 475 (Or. Ct. App. 2022).
· cites it 27× “240(1) (requir- ing that, when “a person is convicted of an offense that will result in mandatory suspension or revocation under” ORS 809.411, the trial judge shall order “the revocation or sus- pension at the time of conviction for the required period”).”
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025).
· cites it 12× “He argues that the trial court erred because it should have only suspended his privileges for 90 days under ORS 809.411(5), rather than revoking for one year under ORS 809.”
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
· cites it 10× “ORS 809.411 and ORS 809.409 are closely related, as both were previously codified under the same statutory provision, former ORS 809.”
State v. Schriner, 336 Or. App. 873 (Or. Ct. App. 2024).
· cites it 10× “ORS 809.411 and ORS 809.409 are closely related, as both were previously codified under the same statutory provision, former ORS 809.”
State v. Jones, 195 P.3d 78 (Or. Ct. App. 2008).
“The entire statute was repealed in 2003 and was reenacted as ORS 809.411. Or Laws 2003, ch 402, §§ 3, 6a, 43.”
State v. Rust, 248 P.3d 445 (Or. Ct. App. 2011).
“” 2 ORS 809.411 provides, in part: “(l)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.”
State v. Farnharm, 374 Or. 593 (Or. 2025).
· cites it 3× “Specifically, in concluding that ORS 809.411(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.”
State v. Farnham, 374 Or. 593 (Or. 2025).
· cites it 3× “Specifically, in concluding that ORS 809.411(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.”
State v. Farnham, 374 Or. 593 (Or. 2025).
· cites it 3× “Specifically, in concluding that ORS 809.411(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.”
State v. Finley, 512 P.3d 879 (Or. Ct. App. 2022).
“Each offense ‘result[ed] from the operation of a motor vehicle’ within the meaning of ORS 809.411(2) and (9)(a).”). Cite as 320 Or App 22 (2022) 25 into adult court for such crimes.”
State v. Farnham, 350 Or. App. 228 (Or. Ct. App. 2026).
“On appeal, in his only assignment of error, defendant con- tends that the trial court erred “when it imposed a one-year driver’s license suspension,” because ORS 809.411 required the trial court to suspend his license for only 90 days.”
State v. Rust, 248 P.3d 445 (Or. Ct. App. 2011).
“" [2] ORS 809.411 provides, in part: "(1)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.”
— Or. Rev. Stat. § 809.411(1)(a) — 2 cases
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
“ORS 809.411 and ORS 809.409 are closely related, as both were previously codified under the same statutory provision, former ORS 809.”
State v. Schriner, 336 Or. App. 873 (Or. Ct. App. 2024).
“ORS 809.411 and ORS 809.409 are closely related, as both were previously codified under the same statutory provision, former ORS 809.”
— Or. Rev. Stat. § 809.411(2) — 2 cases
State v. Pohle, 505 P.3d 475 (Or. Ct. App. 2022).
“240(1) (requir- ing that, when “a person is convicted of an offense that will result in mandatory suspension or revocation under” ORS 809.411, the trial judge shall order “the revocation or sus- pension at the time of conviction for the required period”).”
State v. Finley, 512 P.3d 879 (Or. Ct. App. 2022).
“Each offense ‘result[ed] from the operation of a motor vehicle’ within the meaning of ORS 809.411(2) and (9)(a).”). Cite as 320 Or App 22 (2022) 25 into adult court for such crimes.”
— Or. Rev. Stat. § 809.411(5) — 4 cases
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025).
“He argues that the trial court erred because it should have only suspended his privileges for 90 days under ORS 809.411(5), rather than revoking for one year under ORS 809.”
State v. Farnharm, 374 Or. 593 (Or. 2025).
“Specifically, in concluding that ORS 809.411(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.”
State v. Farnham, 374 Or. 593 (Or. 2025).
“Specifically, in concluding that ORS 809.411(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.”
State v. Farnham, 374 Or. 593 (Or. 2025).
“Specifically, in concluding that ORS 809.411(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.”
— Or. Rev. Stat. § 809.411(6) — 1 case
State v. Pohle, 505 P.3d 475 (Or. Ct. App. 2022).
“240(1) (requir- ing that, when “a person is convicted of an offense that will result in mandatory suspension or revocation under” ORS 809.411, the trial judge shall order “the revocation or sus- pension at the time of conviction for the required period”).”
— Or. Rev. Stat. § 809.411(9) — 1 case
State v. Pohle, 505 P.3d 475 (Or. Ct. App. 2022).
“240(1) (requir- ing that, when “a person is convicted of an offense that will result in mandatory suspension or revocation under” ORS 809.411, the trial judge shall order “the revocation or sus- pension at the time of conviction for the required period”).”
— Or. Rev. Stat. § 809.411(9)(a) — 2 cases
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
“ORS 809.411 and ORS 809.409 are closely related, as both were previously codified under the same statutory provision, former ORS 809.”
State v. Schriner, 336 Or. App. 873 (Or. Ct. App. 2024).
“ORS 809.411 and ORS 809.409 are closely related, as both were previously codified under the same statutory provision, former ORS 809.”
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