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OREGON DUII GUIDE



David N Lesh
Oregon DUII Attorney
Oregon Super Lawyer 2018 - 2025

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What is an Oregon hardship permit?

A hardship permit is essentially a limited driver license sometimes available to Oregon licensed drivers who face a suspension of their Oregon driver license.  hardship permit may be available to you if your license is suspended and you had a valid Oregon Driver License at the time of your suspension.  See ORS 813.500 et seq; ORS 807.240.

Many states have similar types of limited licenses but use different names for the license including :  ignition interlock license; a restricted license; an occupational license; a hardship credential; a restricted credential; a restricted use permit; a special operator's permit; a conditional permit; an employment driving permit; an occupational limited license; a special restricted driver license; a specialized driving privileges; or a special work permit.

 Oregon hardship permits often are not available for license "revocations" including the lifetime revocation resulting from a third or greater Oregon DUII convictions.  Oregon hardship permits are also not available to persons with an out of state driver license.  Hardship permits are also not available for a second Oregon DUII conviction within a five year period.

Keep in mind that there is often a significant "black out" or waiting period before you can obtain a hardship permit.  See ORS 807.240 and ORS 813.520.  Hardship permits are only available for Class C (non-commercial) driver licenses.  See ORS 807.240(8)(c).

Under Oregon law, hardship permits allow driving for:

  • Occupational (work) and employment purposes including driving to and from work;

  • Occupational training or education that is required by your employer;

  • Transportation to and from an alcohol or drug treatment or rehabilitation program;

  • To look for work (for up to 120 days);

  • To participate in gambling addiction treatment;

  • To obtain medical treatment on a regular basis for you or a member of the your immediate family;

  • To grocery shop one day each week (8 a.m to noon or 1 p.m. to 5 p.m.);

  • To care for elderly family members two days each week unless you can demonstrate the need for more frequent care (8 a.m. to noon or 1 p.m. to 5 p.m.);

  • To drive yourself or your children to school.

See OAR 735-064-0005 et seq and House Bill 3214 (2019) (effective January 1, 2020).  A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from an alcohol or drug treatment program. 

In order to obtain an Oregon hardship permit you must, among other things, obtain an SR-22 certificate of liability insurance which will likely have negative implications for your insurance rates or insurability.  If you choose to enter the diversion program on your DUII charge, you probably will not have to file an SR-22 to get your license reinstated unless you apply for a hardship permit.  However, if you are convicted of an Oregon DUII you will have to file an SR-22 to reinstate your license regardless of whether you apply for a hardship permit. 

If you are convicted of an Oregon DUII or are in the diversion program you will also have to install an ignition interlock device in your vehicle in order to obtain a hardship permit.

Note:  You may not qualify for a hardship permit if you have a previous DUII arrest in the past five years before your current DUII arrest.

 

Oregon hardship laws can be found at ORS 807.240 et seq.

 




About the Author of the Oregon DUII Guide: 

David Lesh is a Portland attorney emphasizing DUII and criminal defense.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor and lawyer to the Portland Police Bureau.  He was named an Oregon Super Lawyer in 2018 - 2025.  His law practice has an A+ BBB rating.

Office Location:  434 NW 19th Avenue; Portland, OR  97209
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Websites, including this one, provide general Oregon DUI information and processes but do not provide legal advice or create a lawyer / client relationship.  General information cannot replace legal advice specific to your case, problem, or situation.  Consult qualified Oregon attorneys for advice about any specific problem or DUI charge that you have.  Oregon attorneys are governed by the Oregon Code of Professional Responsibility.   This website may be considered an advertisement for services under the Code.  Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way.  ORS 813010.

 

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