The Court, DMV, or both can revoke your Oregon Driver’s License for life if you have been convicted of a felony DUII (third within ten years), a third misdemeanor DUII, or certain Driving While Suspended/Revoked convictions.

Does this actually mean you cannot drive for life? Not necessarily.

Under ORS 809.235, you can petition the Court to reinstate your driving privileges if:

• It has been at least 10 years from:
  • Release from Parole or supervision for the underlying DUII or driving conviction;
  • End of probation period;
  • Conviction itself; and
  • Your last driving offense (examples are: Reckless Driving, Driving While Suspended, etc.)

The District Attorney receives a copy of the petition and takes a position, either in favor or in opposition of the request. Regardless of that position, a hearing is required to present the case to a judge.

The Court will consider:

• The nature/circumstances of the underlying offense;
• If there was any violence involved;
• Criminal history – both before and after the offense;
• Relevant noncriminal behavior of the person petitioning the Court;
• Any recommendations from supervising officers, such as the PO; and
• Any other relevant information.

After the evidence is presented in the hearing, the judge must find by clear and convincing evidence that the person petitioning for restoration:

• • Has been rehabilitated;
  • Does not pose a threat to the safety of the public; and
  • Completed substance abuse and/or alcohol treatment if it was required as a part of their sentence.

Talk to an Attorney:

Driving Privilege Restoration requires several steps. An attorney can assist you in navigating those steps properly in order to achieve the best outcome. If you have questions about this process, the attorneys at Ward Grover can assist you.