809.428
Schedule of suspension or revocation periods for certain offenses.
This section
establishes schedules of suspension or revocation periods. The schedules are
applicable upon conviction for the offense when made applicable under ORS
809.411 and 813.400. The schedules are as follows:
(1) Schedule I.
The suspension or revocation periods under Schedule I are as provided in this
subsection. The period of suspension or revocation under this schedule shall
be:
(a) Ninety days
for a first offense or for any offense not described in paragraph (b) or (c) of
this subsection.
(b) One year for
a second offense, where the commission of the second offense and a conviction
for a separate offense occur within a five-year period. This paragraph applies
to any combination of offenses for which the length of suspension is determined
under this subsection.
(c) Three years
for a third or subsequent offense where the commission of the third or
subsequent offense and two or more convictions for separate offenses occur
within a five-year period. This paragraph applies to any combination of
offenses for which the length of suspension is determined under this
subsection.
(2) Schedule II.
The suspension or revocation periods under Schedule II are as provided in this
subsection. The period of suspension or revocation under this schedule shall
be:
(a) One year for
a first offense or for any offense not described in paragraph (b) or (c) of
this subsection.
(b) Three years
for a second offense, where the commission of the second offense and a
conviction for a separate offense occur within a five-year period.
(c) Three years
for a third or subsequent offense, where the commission of the third or
subsequent offense and a conviction for a separate offense occur within a
five-year period. [Formerly 809.420]
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2006–2022 · leading case:
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
· cites it 6× “420(2)(c) (2001), renumbered as ORS 809.428 (2003). At that time, ORS 809.”
Dyrdahl v. Dep't of Transp., 131 P.3d 770 (Or. Ct. App. 2006).
· cites it 2× “The suspension shall be for a period described under Schedule II of ORS 809.428[.]” ORS 809.428(2)(a) provides for a suspension of one year.”
State v. Vazquez-Escobar, 153 P.3d 168 (Or. Ct. App. 2007).
“420(2)(c) (2001), renumbered as ORS 809.428 (2003). Defendant was convicted of DUII in 1996 and 1997.”
State v. Pohle, 505 P.3d 475 (Or. Ct. App. 2022).
“411(2) (requiring Department of Transportation to suspend driving privileges “upon receipt of a record of conviction of any degree of recklessly endangering another person * * * resulting from the operation of a motor vehi- cle”); ORS 809.428 (setting forth period for suspension…”
State v. Roberts, 172 P.3d 651 (Or. Ct. App. 2007).
· cites it 12× “She assigns error to the trial court’s order suspending her driving privileges for three years, arguing that the trial court erred in considering a prior out-of-state DUII conviction in calculating the length of that suspension under ORS 809.428. The state responds that…”
— Or. Rev. Stat. § 809.428(1)(c) — 1 case
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
“420(2)(c) (2001), renumbered as ORS 809.428 (2003). At that time, ORS 809.”
— Or. Rev. Stat. § 809.428(2) — 1 case
State v. Roberts, 172 P.3d 651 (Or. Ct. App. 2007).
“She assigns error to the trial court’s order suspending her driving privileges for three years, arguing that the trial court erred in considering a prior out-of-state DUII conviction in calculating the length of that suspension under ORS 809.428. The state responds that…”
— Or. Rev. Stat. § 809.428(2)(a) — 1 case
Dyrdahl v. Dep't of Transp., 131 P.3d 770 (Or. Ct. App. 2006).
“The suspension shall be for a period described under Schedule II of ORS 809.428[.]” ORS 809.428(2)(a) provides for a suspension of one year.”
— Or. Rev. Stat. § 809.428(2)(b) — 1 case
State v. Roberts, 172 P.3d 651 (Or. Ct. App. 2007).
“She assigns error to the trial court’s order suspending her driving privileges for three years, arguing that the trial court erred in considering a prior out-of-state DUII conviction in calculating the length of that suspension under ORS 809.428. The state responds that…”
— Or. Rev. Stat. § 809.428(2)(c) — 1 case
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
“420(2)(c) (2001), renumbered as ORS 809.428 (2003). At that time, ORS 809.”
— Or. Rev. Stat. § 809.428(l)(c) — 1 case
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
“420(2)(c) (2001), renumbered as ORS 809.428 (2003). At that time, ORS 809.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.