Chapter 436 Oregon Laws 2001
AN ACT
HB 3594
Relating to criminal driving
while suspended or revoked; amending ORS 811.182.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 811.182 is amended to read:
811.182. (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
or probationary 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 crime is a Class [C] 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.
(4) The crime is a Class A misdemeanor if the suspension or
revocation is any of the following:
(a) A suspension under ORS 809.410 (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 revocation under ORS 809.410 (3) resulting from
perjury or the making of a false affidavit to the Department of Transportation.
(c) 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) .08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) .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.
(d) A suspension of a commercial driver license or right to
apply for a commercial driver license under ORS 809.410 (18) resulting from
failure to perform the duties of a driver under ORS 811.700 while driving a
commercial motor vehicle.
(e) A suspension of a commercial driver license under ORS
809.400 (3)(b) 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.
(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 for driving while under the influence of
intoxicants under ORS 813.010.
(L) A suspension for use of a commercial 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 fine of at least $1,000 if it is the
person’s first conviction for criminal driving while suspended or revoked and
at least $2,000 if it is the person’s second or subsequent conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category 6 of the rules of
the Oregon Criminal Justice Commission.
Approved by the Governor
June 18, 2001
Filed in the office of
Secretary of State June 18, 2001
Effective date January 1,
2002
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