(1) Except as otherwise provided by ORS § 809.510 to 809.545, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of one year when the department receives:

Terms Used In Oregon Statutes 809.510

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

(a) A record of conviction under ORS § 811.700 or 811.705 of failure to perform the duties of a driver.

(b) A record of conviction of a crime punishable as a felony involving the operation of a motor vehicle.

(c) A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while operating a commercial motor vehicle, the commercial driving privileges of the driver were suspended.

(d) A record of conviction of assault in the first degree, or any degree of criminally negligent homicide, manslaughter or murder, if the conviction results from the operation of a commercial motor vehicle.

(e) A record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked.

(f) A record of conviction for driving while under the influence of intoxicants under ORS § 813.010.

(g) A record of diversion under ORS § 813.230.

(2) The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a record of a conviction under subsection (1) of this section and the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.

(3) The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS § 813.120 that the person was driving a commercial motor vehicle and submitted to a breath or blood test and the level of alcohol in the person’s blood was 0.04 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood. The department shall suspend the commercial driving privileges of the person for a period of three years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.

(4) The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS § 813.120 that the person was driving a motor vehicle and submitted to a breath or blood test and the level of alcohol in the person’s blood was 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood.

(5) The department shall suspend the commercial driving privileges of a person for a period of three years if the department receives a report from a police officer pursuant to ORS § 813.120 that the person was driving a motor vehicle and refused to submit to a test under ORS § 813.100. The department shall suspend the commercial driving privileges of the person for a period of five years if the person was driving a commercial motor vehicle containing a hazardous material at the time of the offense.

(6) The department shall suspend the commercial driving privileges of a person if the department receives a notice of a conviction in another jurisdiction of an offense that, if committed in this state, would be grounds for the suspension of the person’s commercial driving privileges. The period of suspension under this subsection shall be the same as would be imposed on the person if the conviction were for an offense committed in this state. For the purposes of this subsection, ‘conviction’ means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or in an authorized administrative tribunal, entry into a diversion program, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or the violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(7) The department shall suspend the commercial driving privileges of a person in this state if the department receives a notice from another jurisdiction that the person has had commercial driving privileges suspended or revoked in another jurisdiction for reasons that would be grounds for suspension of the person’s commercial driving privileges in this state. The period of suspension under this subsection is the same as would be imposed on the person if the violation were committed in this state.

(8) If the department receives a record, report or notice under this section for a person who does not hold commercial driving privileges in this state, the department shall suspend the person’s right to apply for commercial driving privileges as provided in ORS § 809.540 (1).

(9) A suspension imposed under this section is consecutive to any other suspension imposed under ORS § 809.525, 809.530 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 § 4; 2021 c.630 § 106]

 

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