OAR 735-072-0041: DMV Determination of Driver Improvement Offenses for the Driver Improvement Program

(1) A conviction for an offense listed in OAR 735-064-0220 and a preventable accident arising from a single incident each count as a separate driver improvement offense. DMV will add no more than two driver improvement offenses to the record for a single incident. (2) If a person is convicted of more than one offense arising from a single traffic stop, the convictions for separate offenses constitute one conviction and are a driver improvement offense if at least one of the convictions is for an offense listed in OAR 735-064-0220. (3) DMV will not count an out-of-state conviction under the driver improvement program when the conviction is entered to the record at the time Oregon becomes the person’s state of record. (4) DMV may determine if an accident is preventable. Factors DMV uses to determine preventability include but are not limited to: (a) Violations of the law, even if a citation is not issued; (b) Failure to use defensive driving techniques; (c) Road conditions existing at the time of the accident; and (d) Speed of the driver’s vehicle.