It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
It is against Oregon law to drive when your driver’s license
is suspended or revoked. Breaking this law is called driving while
suspended, or “DWS.” When a license is suspended, it
means the driving privileges are taken away until something happens,
such as waiting a certain time period, purchasing insurance or paying
fines. If a license is revoked, the license is taken away permanently,
and the driver will have to start from scratch and apply for a new
license if and when he or she becomes eligible. Either way, you cannot
drive without permission from the DMV.
Driving while suspended is a serious offense. The legal rules involved
are complex and are frequently changed or affected by the DMV, the
legislature and the courts. If you are charged with misdemeanor driving
while suspended, it is a serious crime. Even if the matter is being
treated as a violation, a citation can be very expensive and cause
future problems with your license. If you are charged with driving
while suspended, you should immediately consult with an attorney, especially
if the case is being prosecuted as a criminal matter.
Depending on why you are suspended or revoked and the policies in your
county, your case could be treated as crime or as a violation.
This can make a big difference. If you are being prosecuted criminally,
there is a potential for up to a year in jail and $6,250 in fines.
You definitely will need a lawyer, and if you cannot afford one, the
court will appoint one for you. If the case is being treated as a violation,
there is no risk of jail, but the fines can still be quite high. You
still should consult an attorney if you can afford it; the court will
not provide one if your case is only a violation.
It also is against the law to drive if you don’t have a license,
or if your right to apply for one has been suspended or revoked. (The
courts often require the DMV to suspend or revoke a person’s
driver’s license when the person involved does not have a license
or has a license from a state other than Oregon. When this happens,
the DMV will suspend or revoke the individual’s right to drive
or to apply for an Oregon license.) A person who drives a motor vehicle
at a time when his or her right to apply for an Oregon license has
been suspended or revoked also commits the offense of driving while
suspended.
Besides the possibility of a jail sentence and having to pay a fine,
the registrations of all the vehicles the convicted person owns can
be suspended for up to three months. The registration of the vehicle
that the convicted person was driving at the time of arrest also can
be suspended for up to 120 days. This will happen even if the convicted
person is not the owner of the vehicle, if it is shown that the owner
of the vehicle knew or had good reason to know that the convicted person
did not have a valid driver’s license and still let the suspended
driver use his or her vehicle. In fact, someone who knowingly allows
a suspended driver to drive his or her car can also get a citation.
Then if the car is towed, the registered owner will have to pay any
tow bills or fees to get the car back.
The court also can order another penalty for driving while suspended.
It can have the vehicle impounded for up to three months. This means
towed away, locked up and stored. The convicted person is responsible
for the costs of towing and storing the vehicle, and the vehicle will
not be returned until these costs are paid. If the vehicle is not claimed
and these costs are not paid within 30 days after the impoundment period
is up, the vehicle may be sold at public auction.
In some cases, the law requires the DMV to suspend or revoke a license.
This is called a mandatory suspension or revocation. The suspension
for an uninsured accident is an example of a mandatory suspension.
In other cases, the law gives the DMV the power to choose whether or
not to suspend a license, as in the case of a driver who becomes incompetent
to drive because of ill health. This is a permissive suspension. In
still other cases, a judge has the power to suspend a license in connection
with traffic offense convictions. This is called a court-ordered suspension.
The type of suspension will affect what you have to do to be able to
drive again. For a court-ordered suspension, such as for failure to
appear or pay a fine, you will have to take care of your court matters
to clear the suspension. You will then need to go to DMV to pay a reinstatement
fee and provide proof of insurance. For a DMV suspension, such as for
failing a breath test or an uninsured accident, you will deal directly
with DMV.
The Most Frequent Causes for License Suspensions
Failure to report an accident. Within 72 hours, every driver involved
in a motor vehicle accident that causes death or injury, property damage of
more than $1500, or enough damage that any vehicle must be towed must file
a written accident report with the DMV. (Accident report forms are available
at DMV offices and on the DMV website.) This is true even if the police have
made a report. Failure to report an accident, in addition to being a traffic
offense itself, will result in a mandatory suspension that will continue indefinitely
until the report is filed.
Failure to appear for a court hearing. Every driver who gets a traffic
citation must appear in court at the time and place indicated on the citation
or respond to the ticket in some other way as allowed by law, such as mailing
in the amount of the required base fine. If a driver fails to appear in court
when required to do so, it will generally result in an indefinite license suspension
until the court appearance is made. Further, a person who knowingly fails to
make a court appearance when required to do so may be charged with the crime
of failure to appear.
Failure to obey a court order. For example, failure to pay a court-ordered
fine or to complete a court-ordered driver safety education program can result
in license suspension.
Failure to file proof of future financial responsibility when required to
do so. This usually means getting automobile liability insurance and filing
a form (“SR-22”) with the DMV to prove it. The most common situations
that require a driver to file proof of financial responsibility are convictions
for reckless driving or driving under the influence of intoxicants, or being
involved in an uninsured accident. If a driver does not file the DMV form,
the result will be a mandatory suspension.
Failure to pass a breath test — or refusal to take the breath test. Another
common cause for suspension is failing a breath test if you are arrested for
DUII. If your test shows that your blood alcohol level is above the legal limit,
then your license will be suspended for at least 90 days. Refusal to take the
breath test results in a suspension of at least one year. The DMV must suspend
your license for these periods, even if you are never charged or convicted
of DUII. If you are later convicted of DUII, the judge will suspend your license
for an additional one to three years.
Remember, these are just the most common reasons for suspension, not
all of them. If you have any doubt about your driver’s license
status, you should call any DMV field office and request verification.
Hardship Situations
Sometimes, you may be allowed to resume driving in limited circumstances,
such as directly to and from work, on the job, or only during certain
hours. This is often called a “hardship permit.” You cannot
get a hardship permit if you are suspended for failure to pay a fine
or to have insurance. Because the rules and eligibility requirements
depend on your own circumstances, you should talk to the DMV. If a
judge suspended your license, you may also have to get the court’s
permission for a hardship permit. If you get a hardship permit, be
careful to read it carefully and obey all the conditions. Driving outside
the restrictions is the same as driving while suspended.
You’ll Find Out by Mail (if DMV Has Your Current Address)
When a driver’s license is suspended or revoked, the DMV must
usually give notice of such action to the driver. The notice is given
by mailing a copy of the suspension or revocation order to the driver
by certified mail, restricted delivery, return receipt requested. The
notice is sent to the driver’s address shown on the DMV records.
All drivers should be aware that the law requires them to notify the
DMV of any change of address within 30 days. If the DMV is not notified
of the new address, the suspension notice will be sent to the old address
and may end up not being received by the driver. Should this occur,
the suspension will still be legal, although unknown to the driver.
If the driver then gets charged with driving while suspended, the fact
that the driver did not know about the suspension will not be considered
as a defense to the charge. Also, refusing to sign the certified mail
receipt or simply allowing the notice to go unclaimed will not prevent
the suspension from going into effect.
Contesting the Suspension
In most cases, the driver has a right to a hearing before a DMV hearings
officer to challenge the suspension. The request for a hearing must
be made within a certain period of time, sometimes as little as 10
days, as specified in the notice of suspension. If a written request
is made within the time limit, the date on which the suspension goes
into effect will be postponed in most (but not all) cases until the
hearing is over.
In a prosecution for driving while suspended, the state does not have
to prove that the driver knew that his or her license was suspended.
Lack of such knowledge is no defense. The law provides only two defenses
to a charge of driving while suspended. First, it is a defense if the
driving was made necessary because of a real emergency. Such an emergency
exists when there is an injury or immediate threat of injury to human
or animal life, coupled with great urgency of circumstances making
it necessary to drive a motor vehicle at the time and place in question.
Second the defendant can argue he or she did not receive notice of
suspension in the manner provided by Oregon law. However, this defense
may not be asserted if the driver had changed his or her address and
failed to notify the DMV; if the driver refused to sign the receipt
for the certified mail that contained the suspension notice; if the
driver had been informed by a judge at a previous court appearance
that the license was being suspended; or if the driver had actual knowledge
of the suspension by any means prior to the time he or she was stopped
on the current charge.
How Could a Hearing Help?
If you receive a citation for driving while suspended, you may be tempted
to just plead guilty and just mail in the fine. However, the fines
can often be reduced if you go to court. Many judges will reduce your
fine if you get your license reinstated and get insurance. If you need
more time, the judge will sometimes give you time to do this. Even
if you want to plead guilty, you may want to request a trial date.
This will give you more time to get your license reinstated. Sometimes
the police officer will ask the judge to reduce your fine or even dismiss
your charges if they see proof you are getting your license back.
Legal editor: The Hon. Steve Todd, February 2009