In the last lesson, we discussed implied consent suspensions for DUII (aka Driving under the influence, DUI, DWI, or “drunk driving”). However, in addition to Oregon’s implied consent suspensions that are imposed on drivers arrested for Driving Under the Influence of Intoxicants (DUII or DUI), if the individual is convicted of Driving Under the Influence of Intoxicants, the court must impose another suspension of that person’s driving privileges. This is a mandatory suspension. The courts are required to impose this suspension and have the individual sign a notice of that suspension. The court then sends a copy of the suspension order to DMV. The suspensions for DUII conviction are as follows:
- A first DUII conviction results in a one year driver’s license suspension.
- A second DUII conviction within a five year period of a previous DUII conviction results in a three year suspension.
- A third or greater DUII conviction, regardless of how far apart they are in time, results in a “permanent” revocation of the person’s driving privileges. Many judges, prosecutors and lawyers refer to this as a “lifetime” suspension, however the term “permanent” is the correct term. While the revocation could end up being for the person’s lifetime, the definition of permanent is set forth in the Oregon Revised Statutes, and there is a procedure by which the driver, after ten years of revocation, may petition the court to once again obtain driving privileges in Oregon.
Hardship or occupational privileges during a one year or three year DUII suspension may be available; however, there are no hardship privileges if one is revoked “permanently.”
Because of the significant consequences to one being suspended or revoked as a result of a DUII (Driving Under the Influence, DWI, DUI, drunk driving conviction) conviction, one should seek the counsel of an experienced DUII attorney. Please contact the Duvall Law Office at 541-345-4500, if you would like to schedule an appointment to discuss your case. The Duvall Law Office regularly handles cases in Lane County, Oregon, and more specifically, Lane County Circuit Court, Eugene Municipal Court, Springfield Municipal Court, Junction City Municipal Court, Cottage Grove Municipal Court, Coburg Municipal Court, and various other circuit, municipal and justice courts in this part of the state.