Restoration of Permanently Revoked Driver’s License
If your driver’s license has been permanently revoked due to a DUII offense in Oregon, it can be a challenging process to restore your driving privileges.
Looking to Restore Your Revoked Drivers License
If your driver’s license has been permanently revoked due to a DUII offense in Oregon, it can be a challenging process to restore your driving privileges. However, it is possible to have your driver’s license reinstated, and with the help of a DUII lawyer, you can navigate the process. In this article, we’ll explore the requirements and process to restore a person’s driver’s license after the license was permanently revoked.
Causes of Permanent Driver’s License Revocation
There are a few traffic convictions that result in the permanent revocation of the person’s driving privileges. These include the following:
- Any third or subsequent DUII conviction, regardless of whether it is a misdemeanor or felony conviction;
- A felony DUII conviction;
- Assault in the First Degree caused by the operation of a motor vehicle;
- Aggravated Vehicular Homicide;
- Criminally Negligent Homicide caused by the operation of a motor vehicle;
- Manslaughter in the First or Second Degree caused by the operation of a motor vehicle;
- Murder caused by the operation of a motor vehicle.
Requirements for License Restoration
- 10 year waiting period. For a person to restore their driving privileges after a permanent revocation for a third DUII conviction, the person must have no traffic convictions for 10 years after their conviction for DUII or after their release date from custody (whether that is jail or prison). Any conviction for a traffic offense, (speeding ticket, driving while suspended or revoked conviction of any kind) will reset that 10-year waiting period.
- Petition the court for restoration. After waiting for the 10-year period to expire, you must petition the court to restore your driver’s license. This process requires the driver to prove that they have been rehabilitated, and that they are no longer a danger to the community. We have observed individuals who attempted to file this petition without the assistance of an attorney, and their petition was denied by the court. Because we provided driver’s license restoration services for many years, we know what the judges need to see before they grant restoration of driving privileges.
- Complete a psychological evaluation. An individual seeking to restore their driving privileges will likely need to complete a psychological evaluation to show that they have been rehabilitated. Our office works with multiple psychologists who can provide this service for our clients.
- Show proof of completing drug or alcohol rehabilitation. Regardless of whether a drug and alcohol rehabilitation course was required by the court, the driver must provide proof that they completed a drug and alcohol rehabilitation program before the court will grant a petition to restore driving privileges.
- Attend a hearing. Regardless of whether the prosecutor objects to a petition to restore a person’s driving privileges, the court will have a hearing to determine whether restoring a person’s driver’s license should be allowed. This may mean the court will ask questions of the person because the person has the burden of proving by clear and convincing evidence that they are rehabilitated and no longer pose a threat to society. The court must consider multiple factors, including the person’s driving history, non-driving criminal history, the nature of the offense that revoked the person’s driving privileges, and so on.
If the court grants the petition to restore driving privileges, the person’s journey does not end. They will need to apply for their license from the DMV, provide an SR-22 form, and install an ignition interlock device in any car they drive before a new license will be issued. The ignition interlock device will be required by the DMV for a minimum of 5 years.
Restoring your driver’s license after a permanent revocation can be a complicated and daunting process, but with the help of our DUII attorneys, it is possible. If 10 years have passed since your driver’s license was revoked and you believe you could be eligible to restore your license, call our office to learn if you can have your driving privileges restored.
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