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Oregon Revised Statutes

Or. Rev. Stat. § 813.420 (2026)

Duration of suspension for refusal or failure of test

✓ current as of May 2026
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      813.420 Duration of suspension for refusal or failure of test. When the Department of Transportation imposes a suspension under ORS 813.410, the suspension shall be for a period of time determined according to the following:

      (1) If the suspension is for refusal of a test under ORS 813.100 and the person is not subject to an increase in the suspension time for reasons described in ORS 813.430, the suspension shall be for a period of one year.

      (2) If the suspension is for refusal of a test under ORS 813.100 and the person is subject to an increase in the suspension time for reasons described in ORS 813.430, the suspension shall be for a period of three years.

      (3) If the suspension is because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 and the person is not subject to an increase in the suspension time for reasons described in ORS 813.430, the suspension shall be for a period of 90 days.

      (4) If the suspension is because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 and the person is subject to an increase in the suspension time for reasons described in ORS 813.430, the suspension shall be for a period of one year. [1985 c.16 §171; 1993 c.305 §7; 1995 c.568 §7]

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1988–2025 · leading case: State v. Ortiz, 124 P.3d 611 (Or. Ct. App. 2005).
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State v. Ortiz, 124 P.3d 611 (Or. Ct. App. 2005). “410; ORS 813.420(3). Thus, a person who is under 21 years of age and drives a motor vehicle with, say, a BAC of 0.”
State v. Cabanilla, 273 P.3d 125 (Or. 2012). “100(3); the length of the suspension is enhanced, ORS 813.420; the arresting officer must immediately take custody of the person’s driver license, ORS 813.”
Hays v. Driver & Motor Veh. Servs. Div., 216 P.3d 902 (Or. Ct. App. 2009). “Petitioner then responded, “I will give a breath test.” DMV suspended petitioner’s driving privileges based on his breath test results.”
Bianco v. Driver & Motor Veh. Servs. Div., 307 P.3d 470 (Or. Ct. App. 2013). “) That 30-day period corresponds to the length of a petitioner’s temporary permit and the date, the 30th day after arrest, on which the suspension of driving privileges otherwise commences under ORS 813.420; thus, under the implied-consent law, a driver typically will not lose…”
Coulter v. Oregon Dep't of Transp., Driver & Motor Veh. Servs., 4 P.3d 89 (Or. Ct. App. 2000). · cites it 6× “A suspension of driving privileges imposed under this subsection shall be for a period established under ORS 813.420." (Emphasis added.) The hearing is limited to the narrow purpose of whether the suspension is valid.”
Blackman v. Motor Vehs. Div., 752 P.2d 1241 (Or. Ct. App. 1988). “Reversed and remanded with instructions to suspend respondent’s driving privileges for a period provided in ORS 813.420 and ORS 813.430 less any time during which the suspension was in effect.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025). · cites it 3× “100 and ORS 813.420(1), codifying license suspension for refusing a “chemical test of [one’s] breath,” are unconstitutional as applied to them and others who are similarly situated.”
State ex rel. Motor Vehs. Div.. v. Norblad, 882 P.2d 598 (Or. 1994). “A suspension of driving privileges imposed under this subsection shall be for a period of time established under ORS 813.420.” Intervenor requested a hearing on the proposed suspension.”
Hays v. Driver & Motor Veh. Servs., 209 P.3d 405 (Or. Ct. App. 2009). “ORS 813.420(4); ORS 813.430(2). Petitioner sought judicial review in circuit court, ORS 813.”
Martini v. Driver & Motor Veh. Servs. (DMV), 373 P.3d 1227 (Multnomah Cty. Cir. Ct., O.R. 2016). · cites it 2× “ORS 813.420(3) provides that, unless an increase in suspension time is warranted by a reason described in ORS 813.”
State v. Roeder, 147 P.3d 363 (Or. Ct. App. 2006). “See ORS 813.420. In all events, a suspension of driving privileges in these circumstances is not the type of collateral consequence that would serve to transform the issuance of the citation into a criminal proceeding.”
Lake v. Motor Vehs. Div., 892 P.2d 1025 (Or. Ct. App. 1995). “ORS 813.420(3). Petitioner requested a hearing.”
Show all 18 citing cases →
— Or. Rev. Stat. § 813.420(1) — 4 cases
Coulter v. Oregon Dep't of Transp., Driver & Motor Veh. Servs., 4 P.3d 89 (Or. Ct. App. 2000). “A suspension of driving privileges imposed under this subsection shall be for a period established under ORS 813.420." (Emphasis added.) The hearing is limited to the narrow purpose of whether the suspension is valid.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025). “100 and ORS 813.420(1), codifying license suspension for refusing a “chemical test of [one’s] breath,” are unconstitutional as applied to them and others who are similarly situated.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025).
Basile v. Driver & Motor Veh. Servs. Branch (DMV), 1 P.3d 481 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 813.420(2) — 3 cases
Coulter v. Oregon Dep't of Transp., Driver & Motor Veh. Servs., 4 P.3d 89 (Or. Ct. App. 2000). “A suspension of driving privileges imposed under this subsection shall be for a period established under ORS 813.420." (Emphasis added.) The hearing is limited to the narrow purpose of whether the suspension is valid.”
Basile v. Driver & Motor Veh. Servs. Branch (DMV), 1 P.3d 481 (Or. Ct. App. 2000).
Johnson v. Driver & Motor Vehs. Servs. Div., 322 P.3d 1157 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 813.420(3) — 5 cases
State v. Ortiz, 124 P.3d 611 (Or. Ct. App. 2005). “410; ORS 813.420(3). Thus, a person who is under 21 years of age and drives a motor vehicle with, say, a BAC of 0.”
Martini v. Driver & Motor Veh. Servs. (DMV), 373 P.3d 1227 (Multnomah Cty. Cir. Ct., O.R. 2016). “ORS 813.420(3) provides that, unless an increase in suspension time is warranted by a reason described in ORS 813.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025). “100 and ORS 813.420(1), codifying license suspension for refusing a “chemical test of [one’s] breath,” are unconstitutional as applied to them and others who are similarly situated.”
Lake v. Motor Vehs. Div., 892 P.2d 1025 (Or. Ct. App. 1995). “ORS 813.420(3). Petitioner requested a hearing.”
Nash v. DMV, 344 Or. App. 283 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 813.420(4) — 4 cases
Hays v. Driver & Motor Veh. Servs. Div., 216 P.3d 902 (Or. Ct. App. 2009). “Petitioner then responded, “I will give a breath test.” DMV suspended petitioner’s driving privileges based on his breath test results.”
Hays v. Driver & Motor Veh. Servs., 209 P.3d 405 (Or. Ct. App. 2009). “ORS 813.420(4); ORS 813.430(2). Petitioner sought judicial review in circuit court, ORS 813.”
Martini v. Driver & Motor Veh. Servs. (DMV), 373 P.3d 1227 (Multnomah Cty. Cir. Ct., O.R. 2016). “ORS 813.420(3) provides that, unless an increase in suspension time is warranted by a reason described in ORS 813.”
Hays v. Driver & Motor Veh. Servs. Div., 209 P.3d 405 (Or. Ct. App. 2009).
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