This section establishes the kinds of offenses and the number of convictions necessary to revoke the driving privileges of a person as a habitual offender under ORS § 809.640. The kinds of offenses and the number of convictions necessary to revoke driving privileges as a habitual offender are as follows:

Terms Used In Oregon Statutes 809.600

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of three or more of any one or more of the following offenses as evidenced by the records maintained by the Department of Transportation or by the records of a similar agency of another state:

(a) Any degree of murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.

(b) Driving while under the influence of intoxicants under ORS § 813.010.

(c) Criminally driving a motor vehicle while suspended or revoked, under ORS § 811.182.

(d) Reckless driving under ORS § 811.140.

(e) Failure to perform the duties of a driver under ORS § 811.700 or 811.705.

(f) Fleeing or attempting to elude a police officer under ORS § 811.540.

(g) Aggravated vehicular homicide under ORS § 163.149 or aggravated driving while suspended or revoked under ORS § 163.196.

(2) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of 20 or more of any one or more of the following offenses as evidenced by the records maintained by the department or by a similar agency of another state:

(a) Any offenses enumerated in subsection (1) of this section.

(b) Any offense specified in the rules of the department adopted under ORS § 809.605.

(3) A person’s driving privileges shall not be revoked under subsection (2) of this section until the person’s 21st conviction within a five-year period when the 20th conviction occurs after a lapse of two years or more from the last preceding conviction.

(4) The offenses described under this section include any of the following:

(a) Any violation of a traffic ordinance of a city, municipal or quasi-municipal corporation that substantially conforms to offenses described under this section.

(b) Any violation of offenses under any federal law or any law of another state, including subdivisions thereof, that substantially conform to offenses described in this section.

(5) A revocation under this section shall continue for a period of five years from the date of revocation. [1983 c.338 § 365; 1985 c.16 § 179; 1987 c.730 § 17; 1987 c.887 § 7; 1989 c.592 § 6; 1991 c.601 § 5; 1991 c.728 § 4; 1995 c.209 § 3; 1999 c.1051 § 283; 2001 c.494 § 1; 2007 c.867 § 11; 2009 c.783 § 12; 2018 c.76 § 11]

 

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