Oregon Statutes 811.182 – Criminal driving while suspended or revoked; penalties
(1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS § 811.175 and the suspension or revocation is one described in this section, or if the hardship permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 811.182
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
(2) Affirmative defenses to the offense described in this section are established under ORS § 811.180.
(3) The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.
(4) The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:
(a) A suspension under ORS § 809.411 (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.
(b) A suspension under ORS § 813.410 resulting from refusal to take a test prescribed in ORS § 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(c) A suspension of commercial driving privileges under ORS § 809.510 resulting from failure to perform the duties of a driver under ORS § 811.700.
(d) A suspension of commercial driving privileges under ORS § 809.510 (7) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS § 813.100.
(e) A suspension of commercial driving privileges under ORS § 809.520.
(f) A revocation resulting from habitual offender status under ORS § 809.640.
(g) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.
(h) A suspension for failure to perform the duties of a driver under ORS § 811.705.
(i) A suspension for reckless driving under ORS § 811.140.
(j) A suspension for fleeing or attempting to elude a police officer under ORS § 811.540.
(k) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS § 813.010.
(L) A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.
(6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.
(b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:
(A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or
(B) Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 3,3a; 1989 c.636 § 46; 1991 c.185 § 10; 1991 c.860 § 9; 1993 c.305 § 2; 1995 c.568 § 2; 1997 c.249 § 230; 1999 c.1049 § 7; 2001 c.436 § 1; 2001 c.786 § 2; 2003 c.346 § 3; 2003 c.402 § 37; 2005 c.649 § 19; 2007 c.867 § 13; 2009 c.783 § 14; 2011 c.597 § 97; 2013 c.237 § 26; 2013 c.649 § 3; 2018 c.76 § 13; 2021 c.630 § 113]
[1983 c.338 § 600; 1985 c.16 § 306; repealed by 1991 c.208 § 1]
DRIVER OFFENSES INVOLVING PASSENGERS