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Lohrke Law

Can my Driver’s License be Restored after a Lifetime Revocation?

In Oregon, a person’s driving privileges are revoked for life after a third Driving Under the Influence of Intoxicants (DUII) conviction. However, ten years after the revocation, Oregon Law ORS 809.235 provides that a person whose driving privileges were revoked for life can ask a judge that they be restored.

In order to restore driving privileges, the applicant must prove to a circuit court judge by clear and convincing evidence that he is not a danger to the public and that he complied with the terms of the DUII probation, including completion of a drug or alcohol treatment program. The judge will consider several factors laid out in the law, including the severity of the DUII history, whether anyone was hurt, and also whether the person has made the changes that prove they are not a risk to drive under the influence again.

The motion for restoration of driving privileges is filed in the circuit court of the county where the conviction occurred. It requires payment of the standard filing fee ($265 in 2019), and service on the District Attorney. The District Attorney will usually take a position that the application is supported or opposed. Regardless of the District Attorney’s position, a hearing before a judge is required.

After the judge signs an order to restore driving privileges, the applicant can pay the Department of Motor Vehicles reinstatement fee to obtain a new driver’s license. Testing will likely be required because of the amount of time that has passed. Additional requirements are onerous and include an SR-22 compliant insurance policy and installation of an ignition interlock device (IID) for five years.

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