(2) This section applies to suspensions imposed under:
(a) ORS 809.310 (3)(a);
(b) ORS 809.310 (3)(b); and
(c) ORS 809.415 (5) for committing an act that constitutes an offense described in ORS 809.310 (3)(a) or (b).
(3) To make a request under subsection (1) of this section, the person must provide sufficient proof for the department to make the determinations required in subsection (4) of this section. The department shall provide an administrative review to determine if the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card should be reinstated and may reinstate the person’s suspended driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card only as provided in subsection (4) of this section.
(4) The granting of an administrative review under this section does not stay the suspension. However, the department shall reinstate the person’s driving privileges or right to apply for driving privileges or identification card or right to apply for an identification card if under objective criteria adopted by the department by rule, the department determines the suspension resulted from:
(a) An act described in ORS 809.310 (3)(a) or (b) committed by the person when the person was under 21 years of age; and
(b) The person committed the act solely for the purpose of:
(A) Attempting to purchase, purchasing, consuming or acquiring alcoholic beverages as described in ORS 471.430; or
(B) Unlawfully entering or attempting to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors, as described in ORS 471.430.
(5) The administrative review required under this section shall be conducted in the manner provided in ORS 809.440 (2).
(6) To reinstate driving privileges or the right to apply for driving privileges after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of driving privileges as described in ORS 807.370 (10).
(7) To reinstate an identification card or the right to apply for an identification card after the department determines that the person meets the objective criteria under subsection (4) of this section, the person shall pay the fee for reinstatement of an identification card as described in ORS 807.410.
(8) The department’s authority to reinstate a suspension of a person’s driving privileges or right to apply for driving privileges under this section does not impinge on a court’s authority to impose a suspension under ORS 165.805 or 471.430. [2012 c.14 §2; 2013 c.237 §46; 2018 c.114 §6; 2019 c.15 §2]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Section 809.090 - Cancellation of registration or title for failure to qualify; notice; rules.
Section 809.100 - Hearing on proposed cancellation or refusal; judicial review.
Section 809.110 - Failure to surrender canceled registration or title; penalty.
Section 809.130 - Suspension or revocation of driving privileges for unsettled judgment.
Section 809.220 - Failure to appear; suspension or other procedures.
Section 809.260 - Court-ordered suspension of driving privileges of juvenile.
Section 809.270 - Driver improvement course; enforcement by suspension or restriction of privileges.
Section 809.312 - Reissuance of privileges after suspension for submitting false information.
Section 809.320 - Cancellation on written request of parent or legal guardian.
Section 809.360 - General provisions relating to suspension or revocation of driving privileges.
Section 809.380 - Period of suspension; effect; reinstatement; fee.
Section 809.390 - Period of revocation; effect; reinstatement; fee.
Section 809.400 - Suspension or revocation for out-of-state conviction.
Section 809.409 - Revocation for conviction of crime.
Section 809.411 - Suspension for conviction of crime.
Section 809.412 - Authority of juvenile court for suspension or revocation.
Section 809.416 - When person subject to suspension under ORS 809.415; duration.
Section 809.417 - Suspension for conduct regarding accidents.
Section 809.419 - Suspensions for physical or mental condition or impairment.
Section 809.421 - Suspensions for miscellaneous driving-related actions.
Section 809.428 - Schedule of suspension or revocation periods for certain offenses.
Section 809.430 - Notice of suspension, cancellation or revocation; contents; service; rules.
Section 809.440 - Hearing and administrative review procedures; defenses; rules.
Section 809.460 - Rescission of suspension or revocation upon appeal of underlying conviction.
Section 809.470 - When judgment considered settled for purposes of suspension requirements.
Section 809.480 - Driver improvement programs; rules; purpose; suspension; fee.
Section 809.500 - Failure to return suspended, revoked or canceled license; penalty.
Section 809.520 - Lifetime suspension of commercial driving privileges.
Section 809.525 - Serious traffic offenses; rules.
Section 809.530 - Violation of out-of-service order.
Section 809.535 - Suspension of commercial driver license for specified rail crossing violations.
Section 809.540 - Right to apply.
Section 809.545 - Administrative review.
Section 809.550 - Application of ORS 809.510 to 809.545.
Section 809.600 - Kinds of offenses and number of convictions.
Section 809.610 - Restriction of driving privileges; notice; meeting.
Section 809.702 - Tampering with vehicle immobilization device; penalty.
Section 809.716 - Hearing on impoundment.
Section 809.720 - Impoundment for specified offenses; grounds; notice; release.
Section 809.725 - Notice following impoundment under city or county ordinance.
Section 809.735 - Preemption of local forfeiture ordinances.
Section 809.740 - Seizure of motor vehicle for forfeiture; driving while suspended or revoked.