(2) Affirmative defenses to the offense described in this section are established under ORS 811.180.
(3) The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.
(4) The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (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) A suspension under ORS 813.410 resulting from refusal to take a test prescribed in ORS 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(c) A suspension of commercial driving privileges under ORS 809.510 resulting from failure to perform the duties of a driver under ORS 811.700.
(d) A suspension of commercial driving privileges under ORS 809.510 (6) where the person’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 the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.
(e) A suspension of commercial driving privileges under ORS 809.520.
(f) A revocation resulting from habitual offender status under ORS 809.640.
(g) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.
(h) A suspension for failure to perform the duties of a driver under ORS 811.705.
(i) A suspension for reckless driving under ORS 811.140.
(j) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.
(k) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.
(L) A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.
(6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.
(b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:
(A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or
(B) Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97; 2013 c.237 §26; 2013 c.649 §3; 2018 c.76 §13]
Note: The amendments to 811.182 by section 113, chapter 630, Oregon Laws 2021, become operative January 1, 2023, and apply to conduct leading to driving privilege sanctions imposed on or after January 1, 2023. See sections 124 and 169, chapter 630, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience. (1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 and the suspension or revocation is one described in this section, or if the hardship permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.
(2) Affirmative defenses to the offense described in this section are established under ORS 811.180.
(3) The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.
(4) The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (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) A suspension under ORS 813.410 resulting from refusal to take a test prescribed in ORS 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(c) A suspension of commercial driving privileges under ORS 809.510 resulting from failure to perform the duties of a driver under ORS 811.700.
(d) A suspension of commercial driving privileges under ORS 809.510 (7) where the person’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 the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.
(e) A suspension of commercial driving privileges under ORS 809.520.
(f) A revocation resulting from habitual offender status under ORS 809.640.
(g) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.
(h) A suspension for failure to perform the duties of a driver under ORS 811.705.
(i) A suspension for reckless driving under ORS 811.140.
(j) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.
(k) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.
(L) A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.
(6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.
(b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:
(A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or
(B) Aggravated vehicular homicide or aggravated driving while suspended or revoked.
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 811 - Rules of the Road for Drivers
Section 811.015 - Failure to obey traffic patrol member; penalty.
Section 811.017 - Failure to yield to traffic patrol member; penalty.
Section 811.020 - Passing stopped vehicle at crosswalk; penalty.
Section 811.025 - Failure to yield to pedestrian on sidewalk; penalty.
Section 811.028 - Failure to stop and remain stopped for pedestrian; penalty.
Section 811.030 - Driving through safety zone; penalty.
Section 811.050 - Failure to yield to rider on bicycle lane; penalty.
Section 811.055 - Failure to yield to bicyclist on sidewalk; penalty.
Section 811.059 - Milkman Mike Act.
Section 811.060 - Vehicular assault; penalty.
Section 811.065 - Unsafe passing of person operating bicycle; penalty.
Section 811.100 - Violation of basic speed rule; penalty.
Section 811.105 - Speeds that are evidence of basic rule violation.
Section 811.108 - Relationship between speed limits and basic rule.
Section 811.109 - Penalties for speed violations.
Section 811.111 - Violating a speed limit; penalty.
Section 811.124 - Meaning of "children are present" in ORS 811.111.
Section 811.125 - Speed racing on highway; penalty.
Section 811.127 - Organizing a speed racing event; penalty.
Section 811.130 - Impeding traffic; penalty.
Section 811.135 - Careless driving; penalty.
Section 811.140 - Reckless driving; penalty.
Section 811.145 - Failure to yield to emergency vehicle or ambulance; penalty.
Section 811.147 - Failure to maintain safe distance from motor vehicle; penalty.
Section 811.150 - Interference with emergency vehicle or ambulance; exemptions; penalty.
Section 811.155 - Failure to stop for bus safety lights; exemptions; penalty.
Section 811.157 - Report by driver of violation of ORS 811.155; contents.
Section 811.165 - Failure to stop for passenger loading of public transit vehicle; penalty.
Section 811.167 - Failure to yield right of way to transit bus; rules; penalty.
Section 811.170 - Violation of open container law; penalty.
Section 811.172 - Improperly disposing of human waste; penalty.
Section 811.175 - Violation driving while suspended or revoked; penalties.
Section 811.180 - Affirmative defenses.
Section 811.182 - Criminal driving while suspended or revoked; penalties.
Section 811.190 - Operation with obstructing passenger; penalty.
Section 811.195 - Having passenger in trailer; penalty.
Section 811.200 - Carrying dog on external part of vehicle; penalty.
Section 811.205 - Carrying minor on external part of vehicle; penalty.
Section 811.207 - Legislative findings regarding restraint of children in motor vehicles.
Section 811.210 - Failure to properly use safety belts; penalty.
Section 811.215 - Exemptions from safety belt requirements.
Section 811.225 - Failure to maintain safety belts in working order; penalty.
Section 811.230 - Definitions; fine; notice.
Section 811.231 - Reckless endangerment of highway workers; penalties.
Section 811.232 - Refusing to obey flagger; penalty.
Section 811.233 - Failure to yield right of way to highway worker; penalty.
Section 811.235 - Fine for traffic offenses in school zones.
Section 811.255 - Permitting unlawful operation of vehicle; penalty.
Section 811.260 - Appropriate driver responses to traffic control devices.
Section 811.265 - Driver failure to obey traffic control device; penalty.
Section 811.270 - Failure to obey one-way designation; penalty.
Section 811.275 - Failure to yield right of way at uncontrolled intersection; penalty.
Section 811.277 - Failure to yield right of way at uncontrolled T intersection; penalty.
Section 811.280 - Failure of driver entering roadway to yield right of way; penalty.
Section 811.285 - Failure of merging driver to yield right of way; penalty.
Section 811.290 - Obstructing cross traffic; penalty.
Section 811.292 - Failure to yield right of way within roundabout; exception; penalty.
Section 811.295 - Failure to drive on right; exceptions; penalty.
Section 811.300 - Failure to drive on right of approaching vehicle; exceptions; penalty.
Section 811.310 - Crossing center line on two-way, four-lane road; exceptions; penalty.
Section 811.315 - Failure of slow driver to drive on right; exceptions; penalty.
Section 811.320 - Failure to drive to right on divided highway; exceptions; penalty.
Section 811.325 - Failure to keep camper, trailer or truck in right lane; exceptions; penalty.
Section 811.330 - Driving wrong way around traffic island; penalty.
Section 811.335 - Unlawful or unsignaled turn; penalty.
Section 811.340 - Improperly executed left turn; penalty.
Section 811.345 - Failure to use special left turn lane; penalty.
Section 811.346 - Misuse of special left turn lane; penalty.
Section 811.350 - Dangerous left turn; penalty.
Section 811.355 - Improperly executed right turn; penalty.
Section 811.365 - Illegal U-turn; penalty.
Section 811.370 - Failure to drive within lane; exception; penalty.
Section 811.375 - Unlawful or unsignaled change of lane; penalty.
Section 811.380 - Improper use of center lane on three-lane road; penalty.
Section 811.385 - Depriving motorcycle or moped of full lane; penalty.
Section 811.390 - Unlawful use of lights to signal for passing; penalty.
Section 811.395 - Appropriate signals for stopping, turning, changing lanes and decelerating.
Section 811.405 - Failure to signal with lights; exceptions; penalty.
Section 811.410 - Unsafe passing on left; penalty.
Section 811.415 - Unsafe passing on right; penalty.
Section 811.420 - Passing in no passing zone; exceptions; penalty.
Section 811.425 - Failure of slower driver to yield to overtaking vehicle; penalty.
Section 811.430 - Driving on highway divider; exceptions; penalty.
Section 811.435 - Operation of motor vehicle on bicycle trail; exemptions; penalty.
Section 811.440 - When motor vehicles may operate on bicycle lane.
Section 811.445 - Use of throughway when prohibited; penalty.
Section 811.450 - Violation of posted truck routes; defense; penalty.
Section 811.455 - Failure to stop for railroad signal; penalty.
Section 811.465 - Exemptions from high-risk vehicle rail crossing procedures.
Section 811.470 - Improper movement of heavy equipment across rail crossing; application; penalty.
Section 811.475 - Obstructing rail crossing; penalty.
Section 811.480 - Illegal backing; penalty.
Section 811.482 - Use of marijuana in motor vehicle; penalty.
Section 811.483 - Safety corridors; penalty.
Section 811.485 - Following too closely; penalty.
Section 811.490 - Improper opening or leaving open of vehicle door; penalty.
Section 811.492 - Engine braking; penalty; exception.
Section 811.495 - Unlawful coasting on downgrade; exception; penalty.
Section 811.500 - Unlawful stop or deceleration; penalty.
Section 811.505 - Failure to stop when emerging from alley, driveway or building; penalty.
Section 811.507 - Operating motor vehicle while using mobile electronic device; exceptions; penalty.
Section 811.508 - Distracted driving avoidance course; rules.
Section 811.510 - Dangerous operation around livestock; penalty.
Section 811.512 - Unlawfully operating low-speed vehicle on highway; penalty.
Section 811.513 - Unlawfully operating medium-speed electric vehicle on highway; penalty.
Section 811.514 - Unlawfully operating racing activity vehicle on highway; penalty.
Section 811.520 - Unlawful use or failure to use lights; penalty.
Section 811.525 - Exemptions from requirements for use of lights.
Section 811.526 - Safety campaign for use of headlights.
Section 811.530 - Failure to post warnings for disabled vehicle; application; penalty.
Section 811.535 - Failing to obey police officer; penalty.
Section 811.540 - Fleeing or attempting to elude police officer; penalty.
Section 811.550 - Places where stopping, standing and parking prohibited.
Section 811.555 - Illegal stopping, standing or parking; affirmative defense; penalty.
Section 811.560 - Exemptions from prohibitions on stopping, standing or parking.
Section 811.565 - Dangerous movement of stopped, standing or parked vehicle; penalty.
Section 811.580 - Parking vehicle on state highway for vending purposes; penalty.
Section 811.585 - Failure to secure motor vehicle; affirmative defense; penalty.
Section 811.590 - Unlawful parking in winter recreation parking area; exemptions; penalty.
Section 811.595 - Winter recreation parking permit; rules; fees.
Section 811.600 - Fees for winter recreation parking permits.
Section 811.602 - Disabled person parking permit; content; rules.
Section 811.603 - Parking identification card without photograph; issuance; rules.
Section 811.604 - Application for disabled person parking permit.
Section 811.605 - Contents of individual placard or decal.
Section 811.607 - Program placards; rules.
Section 811.609 - Family placards.
Section 811.611 - Foreign visitor placard.
Section 811.613 - Wheelchair User placard; rules.
Section 811.616 - Oregon Wounded Warrior placard; rules.
Section 811.617 - Blocking parking space reserved for persons with disabilities; penalty.
Section 811.625 - Unlawful use of disabled person parking permit; penalty.
Section 811.627 - Use of invalid disabled person parking permit; penalty.
Section 811.628 - Invalidation of disabled person parking permit.
Section 811.630 - Misuse of program placard; penalty.
Section 811.632 - Appointment of volunteers to issue citations.
Section 811.635 - Privileges granted by disabled person parking permit other than program placard.
Section 811.637 - Privileges granted by program placards.
Section 811.700 - Failure to perform duties of driver when property is damaged; penalty.
Section 811.705 - Failure to perform duties of driver to injured persons; penalty.
Section 811.706 - Money damages resulting from violation of ORS 811.700 or 811.705.
Section 811.707 - Crime classification for violation of ORS 811.705.
Section 811.710 - Failure to perform duties of driver when animal is injured; penalty.
Section 811.715 - Failure to perform duties of witness to accident; penalty.
Section 811.717 - Failure to remove motor vehicle from roadway; penalty.
Section 811.720 - When accident must be reported to Department of Transportation.
Section 811.725 - Driver failure to report accident to Department of Transportation; penalty.
Section 811.730 - Owner failure to report accident to Department of Transportation; penalty.
Section 811.740 - False accident report; penalty.
Section 811.745 - When accident must be reported to police officer or law enforcement agency.
Section 811.747 - Definitions for ORS 811.748 and 811.750.
Section 811.800 - Operation of funeral vehicles with improper lights; penalty.
Section 811.802 - Failure to yield right of way to funeral procession; penalty.
Section 811.804 - Intersection rules for funeral processions.
Section 811.806 - Exceeding maximum speed for funeral procession; penalty.