Braunstein Law
Oregon Drivers License Reinstatement
Can my license be reinstated after a 3rd DUII in Oregon?
If your license was revoked for a 3rd lifetime DUII or a felony DUII, it is possible to get your license reinstated and drive again. Ten years from the date of conviction, or release from prison, you can petition the Court to reinstate your driving privileges if you meet certain requirements.
Oregon Revised Statute 809.235 (https://www.oregonlaws.org/ors/809.235) outlines the requirements for permanent revocation of a person's drivers license for a third DUII conviction as well as the requirements for reinstatement.
Petitioning the Court and Appearance at Reinstatement Hearing
In order to have your drivers license reinstated, you will need to file a petition with the Court in the county where you were convicted. Filing for reinstatement is a complicated process that involves filing a civil case (as opposed to a motion in a criminal case) against the District Attorney. It is also important to understand that the judge is not required to grant your petition even if you otherwise qualify under the statute (ORS 809.235). It is also not uncommon for the District Attorney to object to your petition for reinstatement.
It is absolutely vital to the success of your petition that you have an attorney familiar and experienced with the process of preparing and filing a petition for reinstatement. I have filed and prevailed on these petitions in counties throughout Oregon.
The Judge will review several factors in determining whether to restore your driving privileges. Those factors include, but are not limited to, the nature of the original conviction, your criminal history both before and after the DUII conviction, your life accomplishments and other behavior since the conviction, your participation in programs related to continued sobriety, and the status of your sobriety in determining whether you have been reformed or are a current threat to the public's safety.
DMV Imposes Additional Restrictions
If the Judge does grant your petition to reinstate your drivers license, you're still not done. Next, you will need to contact DMV and apply for a new license. DMV will require you to pay reinstatement fees and will also require that you install and use an Ignition Interlock Device (IID) in your vehicle for 5 years.
If you are ready to start the process and willing to install an IID following a successful hearing with the Judge, I can help you obtain reinstatement of your license. Give me a call today to learn how I can help you regain your license and your independence.