OAR 735-070-0145: Counting Convictions Toward Habitual Offender Revocation

(1) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident as described in: (a) ORS 809.600(1), only one of the convictions will count toward the Habitual Offender Program. (b) ORS 809.600(2), only one of the convictions will count toward the Habitual Offender Program. (2) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident, with at least one offense described in ORS 809.600(1) and at least one offense described in ORS 809.600(2), the more serious offense as described in ORS 809.600(1) will count toward the Habitual Offender Program. (3) If DMV orders a five-year revocation based on three convictions within five years for offenses described in ORS 809.600(1) or for 20 convictions within five years for offenses described in ORS 809.600(2), those convictions will not be counted toward a possible future revocation under the Habitual Offender Program. (4) DMV will not count an out-of-state conviction under the habitual offender program when the conviction is entered to the record at the time Oregon becomes the person’s state of record.