Driving after a DUI in Oregon: the Hardship Permit

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The officer takes a valid Oregon license, gives a written Notice of Intent to Suspend and issues a temporary driving permit valid until the 30th day after the date of arrest, without fee (ORS 813.100(2), 813.110(3)); DMV states that after 30 days the suspension is in effect and the temporary permit is no longer valid. The request for an Implied Consent Hearing must be received at DMV Headquarters by 11:59 PM on the tenth day following the arrest for a breath-test failure or a breath, blood or urine refusal (ORS 813.410(4): within 10 days from the date of arrest); for a blood-test failure, within the number of days stated on the DMV notice. Requests cannot be made by phone; they are submitted online, by fax to the DMV Hearings Case Management Unit, or by mail. No request fee is stated. The hearing is held by an administrative law judge by telephone, and DMV must hold the hearing and issue

“Breath Test Failure – Your request must be received at DMV Headquarters by 11:59 PM on the tenth day following the arrest.”

Who can get it, and how soon

DMV states a hardship permit is available for some driver license suspensions and allows driving during specific times for certain reasons like work or medical treatment; for a first implied-consent suspension ORS 813.520 bars issuance for 30 days (test failure) or 90 days (refusal) after the suspension begins. Excluded as stated: persons with a mental or physical condition affecting safe driving; persons who have public or private transportation sufficient for their needs (ORS 813.520(5)-(6)); a second or subsequent DUII conviction with a three-year suspension under ORS 809.428(2)(b)-(c) (ORS 807.240(8)(d)); commercial driving (non-commercial vehicles only); longer waits (one year / three years) where ORS 813.430 applies (a prior DUII, prior implied-consent suspension within five years, or current diversion).

“A hardship permit is available for some driver license suspensions or for a driver revoked as a habitual offender. A hardship permit allows you to drive during specific times for certain reasons like work or medical treatment.”

ORS 813.520 counts the wait from 'the beginning of the suspension': 30 days for a breath or blood test failure and 90 days for a refusal when ORS 813.430 does not apply (one year / three years when it does). The implied-consent suspension begins on the 30th day after the date of arrest (ORS 813.410(1)), or on the 60th day after DMV receives the report for a blood-test failure, and lasts 90 days (failure) or one year (refusal) under ORS 813.420. The implied-consent rights advice states the person 'may possibly qualify for a hardship permit in 30 days' after failing a test (ORS 813.130(2)(j)). Conviction track: DMV states a DUII conviction suspension (one year for a first conviction) is separate from the implied-consent suspension; ORS 813.602(1)(a) makes an ignition interlock device a condition of any hardship permit after a DUII conviction, and ORS 813.520(7) adds a 30-day bar where the

“For a period of 30 days after the beginning of the suspension if the suspension is because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the persons blood that constituted being under the influence of intoxicating liquor under ORS 813.300”

Conditions attached to the privilege

As stated on the DMV Hardship Permits page and Form 735-6044: a completed and signed application (online at DMV2U or mailed to DMV Driver Sanctions Unit), a non-refundable $75 application fee plus the $85 reinstatement fee (total $160; $54 renewal fee to extend the permit), an original Oregon SR-22 certificate filed by the insurer (DMV will not issue the permit until it is effective), employment verification on company letterhead stating duties, times and counties (or business license / Schedule C or SE / two other documents if self-employed), a physician or nurse practitioner letter for regular medical treatment, and an IID installation report if the person is required to install an IID as a condition of a DUII diversion agreement or DUII conviction. Interlock: conditional - required as a condition of the permit after a DUII conviction (ORS 813.602(1)(a)) or diversion, not listed for a

“Pay both fees: Application fee ($75) – non-refundable Reinstatement fee ($85)”

Where and when it allows driving

Non-commercial vehicles only, during specified times, for: to and from work; on the job; to seek employment; to and from an alcohol, drug or gambling addiction treatment or rehabilitation program; regular medical treatment; and necessary services (grocery store, school for self or children, childcare, medical appointments, caring for elderly family members). Form 735-6044 states no more than 12 hours of driving time per day (treatment driving time is separate) and job-seeking hours between 8am and 5pm; ORS 807.240(4)(a) limits the holder to specified times.

“A hardship permit allows you to drive only for the following reasons: To and from work. On the job. To seek employment. To and from an alcohol, drug or gambling addiction treatment or rehabilitation program. For medical treatment on a regular basis. For necessary services.”

How it is issued

The licensing agency issues the Hardship Permit.

Official page: oregon.gov

The statute: ORS 807.240 (hardship permit) and ORS 813.520 (limitations on authority to issue hardship permit)

“For a period of 90 days after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 and the person is not subject to an increase in the time before a permit may be issued for reasons described in ORS 813.430.”