An insurer issuing motor vehicle liability insurance policies in this state may not assign an insured or applicant for insurance to a higher risk category than the person would otherwise be assigned to solely because the person has:
(1) Let a prior motor vehicle liability policy lapse, unless the person was in violation of ORS 806.010 at any time after the prior policy lapsed; or
(2) Had driving privileges suspended pursuant to ORS 809.280 (6) or (8) if the suspension is based on a nondriving offense.