813.430 Grounds
for increase in duration of suspension. This section establishes circumstances under which
ORS 813.420 requires an increase in the time for suspension of driving
privileges and under which ORS 813.520 requires an increase in the time before
the Department of Transportation may issue a hardship permit. A person is
subject to an increase in suspension time under this section if any of the
following apply:
(1) The person is
presently participating in a driving while under the influence of intoxicants
diversion program in this state or in any similar alcohol or drug
rehabilitation program in this or another jurisdiction.
(2) Within the
five years preceding the date of arrest any of the following occurred:
(a) A suspension
of the person’s driving privileges under ORS 813.410 or 482.540 (1981
Replacement Part) became effective.
(b) The person
was convicted of:
(A) Driving while
under the influence of intoxicants in violation of:
(i) ORS 813.010;
(ii) The
statutory counterpart to ORS 813.010 in another jurisdiction; or
(iii) A municipal
ordinance in this state or another jurisdiction;
(B) A driving
under the influence of intoxicants offense in another jurisdiction that
involved the impaired driving of a vehicle due to the use of an intoxicant or a
combination of intoxicants; or
(C) A driving
offense in another jurisdiction that involved operating a vehicle while having
a blood alcohol content above that jurisdiction’s permissible blood alcohol
content.
(c) The person
commenced participating in a driving while under the influence of intoxicants
diversion program in this state or in any similar alcohol or drug
rehabilitation program in this or another jurisdiction.
(3) For the
purposes of subsection (2)(b) of this section, a conviction for a driving
offense in another jurisdiction based solely on a person under 21 years of age
having a blood alcohol content that is lower than the permissible blood alcohol
content in that jurisdiction for a person 21 years of age or older does not
constitute a prior conviction. [1985 c.16 §173; 1985 c.672 §15; 1987 c.801 §12;
2007 c.879 §8; 2017 c.21 §87; 2021 c.253 §13; 2023 c.498 §15]
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1988–2021 · leading case:
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
“220(7)(a)(B) (disqualification from DUII diversion based on subsequent charges or convictions); ORS 813.430(2)(b)(A)(ii) (increase in length of driver’s license suspension); ORS 813.”
State v. Ramirez, 493 P.3d 522 (Or. Ct. App. 2021).
· cites it 2× “730 (allowing for a motor vehicle to be seized); ORS 813.430 (increasing the length of driving privilege suspension (1) related to refusal or failure of a breath or blood test and (2) before a hardship permit may issue).”
Martini v. Driver & Motor Veh. Servs. (DMV), 373 P.3d 1227 (Multnomah Cty. Cir. Ct., O.R. 2016).
· cites it 23× “The issue at the hearing was whether the DMV had grounds to increase petitioner’s suspension from 90 days to one year under ORS 813.430. ORS 813.420(3) provides that, unless an increase in suspension time is warranted by a reason described in ORS 813.”
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017).
“302(l)(a) (authorizing OLCC to grant temporary off-premises sales license if applicant is located in area “presently zoned” for commercial use); ORS 813.430(1) (requiring increase in time for suspending driving privileges for any person “presently participating” in DUII…”
State v. Cabanilla, 273 P.3d 125 (Or. 2012).
“100, the person is not eligible for a hardship permit for at least 90 days, and possibly for three years, depending on the following factors set forth in ORS 813.430: *630 “[setting out factors] “(f) If the person refuses a breath test under ORS 813.”
State v. Phillips, 909 P.2d 882 (Or. Ct. App. 1996).
“410; ORS 813.430. Subsequently, the state charged defendant with the crime of driving under the influence of intoxicants.”
Dooney v. Dep't of Transp., 751 P.2d 790 (Or. 1988).
· cites it 2× “547 (now see ORS 813.430) provided, in part: "This section establishes circumstances under which ORS 482.”
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.”
Blackman v. Motor Vehs. Div., 752 P.2d 1241 (Or. Ct. App. 1988).
“420 and ORS 813.430 less any time during which the suspension was in effect.”
MacDonald v. Driver & Motor Veh. Servs. Div., 81 P.3d 732 (Or. Ct. App. 2003).
· cites it 3× “He was informed of the consequences of such a refusal and was further informed that, pursuant to ORS 813.430, 1 the duration of his suspension would be three years because of the existence of the 1998 *183 suspension.”
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
“See ORS 813.430(2)(a) (grounds for increased duration of suspension include suspension of license within preceding five years under implied consent law); ORS 813.”
Coulter v. Oregon Dep't of Transp., Driver & Motor Veh. Servs., 4 P.3d 89 (Or. Ct. App. 2000).
· cites it 2× “The suspension period for a refusal to submit to a breath test is one year and for failure of a breath test is 90 days, unless the person is subject to an increase in time of suspension because, inter alia, within the past five years the person's driver's license was suspended…”
— Or. Rev. Stat. § 813.430(1) — 1 case
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017).
“302(l)(a) (authorizing OLCC to grant temporary off-premises sales license if applicant is located in area “presently zoned” for commercial use); ORS 813.430(1) (requiring increase in time for suspending driving privileges for any person “presently participating” in DUII…”
— Or. Rev. Stat. § 813.430(2) — 5 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.”
MacDonald v. Driver & Motor Veh. Servs. Div., 81 P.3d 732 (Or. Ct. App. 2003).
“He was informed of the consequences of such a refusal and was further informed that, pursuant to ORS 813.430, 1 the duration of his suspension would be three years because of the existence of the 1998 *183 suspension.”
— Or. Rev. Stat. § 813.430(2)(a) — 1 case
Svidenko v. Driver & Motor Veh. Servs. Div., 267 P.3d 200 (Or. Ct. App. 2011).
“See ORS 813.430(2)(a) (grounds for increased duration of suspension include suspension of license within preceding five years under implied consent law); ORS 813.”
— Or. Rev. Stat. § 813.430(2)(b) — 1 case
Martini v. Driver & Motor Veh. Servs. (DMV), 373 P.3d 1227 (Multnomah Cty. Cir. Ct., O.R. 2016).
“The issue at the hearing was whether the DMV had grounds to increase petitioner’s suspension from 90 days to one year under ORS 813.430. ORS 813.420(3) provides that, unless an increase in suspension time is warranted by a reason described in ORS 813.”
— Or. Rev. Stat. § 813.430(2)(b)(A)(ii) — 1 case
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
“220(7)(a)(B) (disqualification from DUII diversion based on subsequent charges or convictions); ORS 813.430(2)(b)(A)(ii) (increase in length of driver’s license suspension); ORS 813.”
— Or. Rev. Stat. § 813.430(2)(b)(C) — 1 case
Martini v. Driver & Motor Veh. Servs. (DMV), 373 P.3d 1227 (Multnomah Cty. Cir. Ct., O.R. 2016).
“The issue at the hearing was whether the DMV had grounds to increase petitioner’s suspension from 90 days to one year under ORS 813.430. ORS 813.420(3) provides that, unless an increase in suspension time is warranted by a reason described in ORS 813.”
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