ORS  Guide
License & Identification
Criminal driving while suspended or revoked
ORS > Vehicle Code > License & Identification > 811.182
(1) it's a violation of this statute if the suspect violates 811.175 (driving while suspended or revoked) & their suspension/revocation was for one of the violations in the following paragraphs, or if the suspect violates their hardship permit and the permit was given based on a suspension/revocation due to the violations described in paragraphs (3) or (4) below
(2) defenses to this statute are established under 811.180 (Affirmative defenses)
(3) F(b): the suspension/revocation resulted from:
• any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle
• aggravated vehicular homicide or aggravated driving while suspended/revoked
• a conviction for felony driving while under the influence of intoxicants
(4) M(a)::
(a) suspension under 809.411 (Suspension for conviction of crime) (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) suspension under 813.410 (Suspension upon receipt of police report on implied consent test resulting from refusal to take a test per 813.100 (implied consent - breath or blood test) or taking a breath/blood test showing:
(A) 0.08% BAC if the suspect wasn't driving a commercial motor vehicle
(B) 0.04% BAC if the suspect was driving a commercial motor vehicle
(C) any BAC if the suspect was under 21
(c) suspension of commercial driving privileges under 809.510 (Conviction of crime) resulting from failure to perform the duties of a driver under 811.700 (failure to perform duties of driver when property is damaged)
(d) suspension of commercial driving privileges under 809.510 (Conviction of crime) (7) where the suspect'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 suspect's BAC under a statute that is substantially similar to 813.100 (implied consent - breath or blood test)
(e) suspension of commercial driving privileges under 809.520 (Lifetime suspension of commercial driving privileges)
(f) revocation for being a habitual offender under 809.640 (Habitual offender status)
(g) suspension resulting from any felony with proof of a material element of the crime involving the operation of a motor vehicle, other than a crime described in paragraph (3)
(i) suspension under 811.140 (reckless driving)
(k) suspension/revocation under 813.010 (duii)
(l) suspension for using a motor vehicle in the commission of a felony
Note:
Driving a vehicle without an ignition interlock device (IID) is a violation of a hardship permit see also 813.602 (iid - circumstances under which ignition interlock device required)
Check the reason for the original suspension to charge the appropriate crime under this statute: M(a) or F(b)
Also check if subject is violating any of:
Driving while suspended or revoked
ORS > Vehicle Code > License & Identification > 811.175
(1)(a) drives a motor vehicle on a highway when driving privileges or right to apply for driving privileges are suspended/revoked in this state by a court or DOT
(b) drives a motor vehicle outside the limitations of a hardship driver permit issued under 807.240 (Hardship permit)
(c) drives a commercial motor vehicle on a highway when driving privileges or commercial driving privileges suspended/revoked in this state or any other jurisdiction.
(2) Defenses to this statute4 are established under 811.180 (Affirmative defenses)
(3) This statute is applicable on any premises open to the public.
Check for violations of the following statutes:
Driving while suspended or revoked - aggravated
ORS > Vehicle Code > License & Identification > 163.196
Failure to carry or present license
ORS > Vehicle Code > License & Identification > 807.570
(1)(a) drives any motor vehicle on a highway without a license, driver permit or out-of-state license in their possession OR
(b) doesn't show or give their license or permit to a LEO when requested:
(A) after being lawfully stopped or detained when driving a vehicle
(B) when the vehicle the person was driving is involved in an accident
(2) this statute doesn't apply to anyone expressly exempted under 807.020 (Exemptions from requirement to have Oregon license or permit) from requiring a driver license or driver permit
(3) except as provided in 813.110 (Temporary permit upon confiscation of license), it is a defense to any charge under this section that the charged person produces a license, driver permit or out-of-state license that had been issued to the person and was valid at the time of violation of this section
(4) a LEO may detain a person arrested/cited this statute in this statute only long enough as reasonably necessary to investigate & verify the person's identity
Failure to return suspended, revoked or canceled license
ORS > Vehicle Code > License & Identification > 809.500
(1) it's a violation of this statute for anyone having their driving privileges suspended to fail to immediately return to DOT any license or driver permit issued by the department
(2) if anyone fails to return a license or driver permit on suspension, revocation or cancellation of their driving privileges, the department may request any peace officer to secure possession thereof and return it to the department
Misuse of identification card
ORS > Vehicle Code > License & Identification > 807.430
(1) it's a violation of this statute if someone performs any act, or fails to perform any required act in relation to an identification card issued under 807.400 (Issuance) that is prohibited in relation to a license under 807.530 (False application for license), 807.580 (using an invalid license) to 807.600 (using another's license)
Operating vehicle without driving privileges or in violation of license restrictions
ORS > Vehicle Code > License & Identification > 807.010
(1) T(b): operates a motor vehicle on a highway or premises open to the public & doesn't have a license, driver permit, endorsement or statutory grant of driving privileges allowing then to engage in the particular type of operation.
(2) T(b): operates a motor vehicle in any way violating driving privilege restrictions placed on them by:
• the vehicle code
(3) this statute doesn't apply to 811.175 (driving while suspended or revoked) or 811.182 (criminal driving while suspended or revoked). They have their own penalties.
(5) T(a): operating a motorcycle without a motorcycle endorsement
Check for violations of the following statutes:
• 807.600
• 807.580
Permitting misuse of license
ORS > Vehicle Code > License & Identification > 807.590
Using an invalid license
ORS > Vehicle Code > License & Identification > 807.580
Using another's license
ORS > Vehicle Code > License & Identification > 807.600
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