§ 813.404 Suspension periods for convictions, implied consent violations or out-of-state convictions or suspensions
813.404. Suspension periods for convictions, implied consent violations or out-of-state convictions or suspensions
When the Department of Transportation imposes a suspension of a commercial driver license under ORS 813.403 or 813.410 (2), or when the department imposes a suspension of a commercial driver license under ORS 809.413 (11) or (12) for conduct in another jurisdiction that is substantially similar to that described in either ORS 813.403 or 813.410 (2), the suspension shall be:
(1) For a period of one year if:
(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;
(b) The person was not driving a commercial motor vehicle containing a hazardous material at the time of the offense; and
(c) The suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person's blood that was 0.04 percent or more by weight.
(2) For a period of three years if:
(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;
(b) The person was not driving a commercial motor vehicle containing a hazardous material at the time of the offense; and
(c) The suspension is for refusal of a test under ORS 813.100.
(3) For a period of three years if:
(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;
(b) The person was driving a commercial motor vehicle containing a hazardous material at the time of the offense; and
(c) The suspension is either because the person was convicted under ORS 813.010 or because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person's blood that was 0.04 percent or more by weight.
(4) For a period of five years if:
(a) The person has not previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404;
(b) The person was driving a commercial motor vehicle containing a hazardous material at the time of the offense; and
(c) The suspension is for refusal of a test under ORS 813.100.
(5) For the lifetime of the person if the person has previously been convicted of an offense described in ORS 809.404 or had a commercial driver license suspended as described in ORS 809.404.