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.