Hardship Permit

 

 

Oregon Hardship Permit

During the implied consent suspension period and prior to a DUII conviction you could possibly get a hardship permit which would allow you to drive to or look for work. There are mandatory waiting periods between 30 days and 3 years depending on your circumstances.

Hardship Permit Available Mandatory Waiting Period
BAC Failure (>.08) YES 30 Days (ORS 813.520(2)
Enhanced BAC Failure YES 1 Year (ORS 813.520(3)
Breath/Blood Test Refusal YES 90 Days (ORS 813.520(1)
Enhanced Breath/Blood Test Refusal YES 3 Years (ORS 813.520(4)
Urine Refusal (Non-Consecutive) YES 90 Days (ORS 813.520)
Enhanced Urine Refusal (Non-Consecutive YES 1 Year

ORS 813.430 states that your case will be considered “enhanced” and subject to a increased waiting period if any of the following is true:

  • You were in DUII diversion at the time of the test
  • You have been suspended for failing/refusing a blood, breath, or urine test within the past five years;
  • You have been convicted of a DUII within the past five years. This provision does not apply if your previous DUII was based only on your status as a minor. ORS 813.430(3); or
  • You commenced participation in DUII diversion within the past five years.

 

After being convicted of DUII it’s usually possible to get a hardship permit if it is only your first or second conviction. A felony conviction will disqualify you for 10 years. After 10 years you can petition the court to reinstate your driving¬†privileges.¬†

Download the Hardship Permit Application

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