Those who are charged with felony DUII in Oregon (meaning 3+ DUIIs within 10 years) will face a mandatory lifetime driver’s license revocation if convicted. However, Oregon also allows those who have had their licenses revoked to petition for reinstatement after 10 years. The law that implemented this revocation/reinstatement scheme took effect on January 1, 2004, which means that starting in 2014, the first individuals in Oregon will be eligible to petition to reinstate their Oregon driver’s license.
The most important thing to know is that this revocation does not operate like a suspension. A person is not guaranteed to have their license reinstated simply because 10 years has elapsed. Rather, those seeking reinstatement must file a petition under ORS 809.235. Under this law, an individual must prove to the court, by clear and convincing evidence, that they are rehabilitated, not a threat to the safety of the public, and that all drug and alcohol treatment that was required as a result of the prior DUII conviction has been completed.
Furthermore, in deciding whether to grant the petition, the court can consider the “nature of the offense for which driving privileges were revoked,” “the degree of violence involved in the offense,” “other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation,” and “the recommendation of the persons parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.”
As you can see, courts are authorized to consider numerous factors and will want proof of a stellar recovery. As a DUII attorney, I will be watching to see whose petitions are either granted or denied and why, as well as working with my clients to gather as much evidence as possible in order to convince a court to reinstate their driving privileges. Surely, this will be a challenge for some, but this is also a major opportunity for many, and my firm is happy to speak with anyone who believes they would be eligible for reinstatement.