In the state of Oregon, certain criminal convictions can lead to the permanent revocation of your driver's license. For example, a third DUII conviction or felony DUII are are the most common reasons for a permanent, or lifetime, revocation.
When your driving privileges are revoked, it has an impact on your day-to-day activities, such as traveling to work, picking up your children, or completing daily tasks. Fortunately, there are ways to restore your driving privileges in Oregon. It helps if you have the help of an experienced lawyer.
Restoration of a Permanently Suspended License in Oregon
After your driver's license has been revoked for life, you might think that is the end of the story. However, under certain circumstances, you could be eligible for reinstatement after a period of 10 years. Some factors could affect the timing of your eligibility, such as:
- Probation Revocation
- Conviction Date
- Subsequent vehicle-related convictions
- Date released from Parole or Post Prison Supervision
For specific information about your eligibility for possible reinstatement, you will need to consult with a lawyer knowledgeable about restoring driving privileges.
The 4 Steps to Restore Your License
It can be a challenge to restore your driving privileges after they have been permanently revoked. However, a suspended license in Oregon is not the end of the line. If you meet specific criteria, you can request reinstatement from the courts.
- Obtain records, including police reports, judgment of conviction, probation and parole records, and proof of completion of treatment.
- You must file a petition with the circuit court in the county in which you were revoked. Within that petition, you must request an order from the judge that grants you the restoration of your driving privileges. The District Attorney must be served with a copy of the petition.
- A hearing will be conducted, during which a judge will determine whether to reinstate your right to apply for a driver’s license.
- Have an ignition interlock device installed on your vehicle.
- Finally, you can apply for a driver’s license.
A Brief Look At the Judicial Considerations
Getting your driving privileges back after a license suspension in Oregon is no easy task. There are several factors that a judge will consider under ORS 809.235.
The Nature of the Offense and the Degree of Violence Involved
The judge will consider the nature of your driving convictions and whether any violence was involved in the offense for which your license was revoked. The judge will also consider any criminal or non-criminal behavior before and after your conviction as well as any other relevant information.
Completion of Treatment
If you were ordered to complete an alcohol and drug treatment program as part of the court’s sentence, you must show proof of completing a qualifying treatment program.
Recommendation of a Parole Officer
If you were sentenced to prison, additional requirements apply. You must have the recommendation of a parole officer and it must be based on a psychological evaluation ordered by the court.
The Requirements for Successful Restoration of Driving Privileges
The judge must find by ‘clear and convincing evidence’ that you are eligible, are rehabilitated, and do not pose a threat to the safety of the public.
It Can Be a Complex Process
Many factors will be taken into consideration in your case. The District Attorney will take a position on your petition and be present at the court hearing to argue on behalf of the state. The judge will consider all of the above factors and anything else deemed to be relevant.
Success requires that you prove you do not pose a threat to the public. After waiting ten years or more, it is important to make your best case. This requires having the same documentation the District Attorney has and will present to the court. Preparation is key. It is best to have the help of an attorney experienced in restoring driving privileges.
License Reinstatement Fees
With the petition and reinstatement, you will have to pay several fees, such as:
- Court filing fee
- Reinstatement fee
- Knowledge test fee
- Drive test fee
Reinstated drivers must meet the specific insurance requirements in the state by obtaining an SR-22 insurance certificate.
You Don’t Have to Do it Alone
The restoration process can be difficult, and you don't want to handle it by yourself. At Lohrke Law, our legal team has the experience to handle these complicated driving privilege reinstatement cases in Oregon.