2007 Oregon Code - Chapter 813 :: Chapter 813 - Driving Under the Influence of Intoxicants
Chapter 813 —
Driving Under the Influence of Intoxicants
2007 EDITION
DRIVING UNDER THE INFLUENCE OF INTOXICANTS
GENERAL PROVISIONS
813.010Â Â Â Â Driving
under the influence of intoxicants; penalty
813.012Â Â Â Â Crime
classification for purposes of rules of Oregon Criminal Justice Commission
813.020Â Â Â Â Fee
to be paid on conviction; screening and treatment; mandatory imprisonment or
community service; attendance at victim impact treatment session; session fee
813.021Â Â Â Â Requirements
for screening interview and treatment program
813.025Â Â Â Â Designation
of agency to perform screening, diagnostic assessment and treatment;
qualifications; rules
813.030Â Â Â Â Amount
of fee; distribution
813.040Â Â Â Â Standards
for determination of problem condition involving alcohol, inhalants or
controlled substances
813.050Â Â Â Â Out-of-service
orders for operators of commercial motor vehicles; grounds; duration; rules;
penalty
813.052Â Â Â Â Civil
penalty for violation of out-of-service order or notice
IMPLIED CONSENT
(Breath or Blood Test)
813.095Â Â Â Â Offense
of refusal to take a breath test; penalty
813.100Â Â Â Â Implied
consent to breath or blood test; confiscation of license upon refusal or
failure of test
813.110Â Â Â Â Temporary
permit upon confiscation of license
813.120Â Â Â Â Police
report to department
813.130Â Â Â Â Rights
of and consequences for person asked to take test
(Urine Test)
813.131Â Â Â Â Implied
consent to urine test; privacy; laboratories for analysis
813.132Â Â Â Â Consequences
of refusing to take urine test; exception
(Field Sobriety Tests)
813.135Â Â Â Â Implied
consent to field sobriety tests
813.136Â Â Â Â Consequence
of refusal or failure to submit to field sobriety tests
CHEMICAL TESTS; METHODS AND REQUIREMENTS
813.140Â Â Â Â Chemical
test with consent; unconscious person
813.150Â Â Â Â Chemical
test at request of arrested person
813.160Â Â Â Â Methods
of conducting chemical analyses; duties of Department of State Police; reports;
costs
PLEA AGREEMENT
813.170Â Â Â Â Plea
agreement prohibited
DIVERSION
813.200Â Â Â Â Notice
of availability of diversion; petition; form; contents
813.210Â Â Â Â Petition;
filing fee; diagnostic assessment fee; service on prosecutor; objection
813.215Â Â Â Â Eligibility
for diversion
813.220Â Â Â Â Matters
to be considered by court in determining to allow diversion agreement; reasons
for denial
813.222Â Â Â Â Right
of victim to be present at hearing
813.225Â Â Â Â Petition
for extension of diversion period; conditions
813.230Â Â Â Â Diversion
agreement; record; duration; effect of denial
813.235Â Â Â Â Attendance
at victim impact treatment session as condition of diversion; fee
813.240Â Â Â Â Amount
and distribution of filing fee; diagnostic assessment fee
813.250Â Â Â Â Motion
to dismiss charge on completion of diversion; admissibility of statements
813.255Â Â Â Â Termination
of diversion
813.260Â Â Â Â Designation
of agencies to perform diagnostic assessments; duties of agency
813.270Â Â Â Â Intoxicated
Driver Program Fund; creation; uses
EVIDENCE
813.300Â Â Â Â Use
of blood alcohol percentage as evidence; percentage required for being under
the influence
813.310Â Â Â Â Refusal
to take chemical test admissible as evidence
813.320Â Â Â Â Effect
of implied consent law on evidence
813.322Â Â Â Â Department
of State Police rules regarding breath tests as evidence; validity of officerÂ’s
permit
813.324Â Â Â Â Use
of testimony from implied consent hearing as evidence in prosecution
813.326Â Â Â Â Felony
driving while under the influence of intoxicants; prior convictions
813.328Â Â Â Â Notice
of intent to challenge validity of prior convictions
SUSPENSION
(For Conviction)
813.400Â Â Â Â Suspension
or revocation upon conviction; duration; review
(Of Commercial Driver License)
813.403Â Â Â Â Suspension
of commercial driver license upon conviction; review
813.404Â Â Â Â Duration
of suspension of commercial driver license
(Under Implied Consent Law)
813.410Â Â Â Â Suspension
upon receipt of police report on implied consent test; hearing; validity of
suspension; appeal
813.412Â Â Â Â Role
of peace officer in implied consent hearing
813.420Â Â Â Â Duration
of suspension for refusal or failure of test
813.430Â Â Â Â Grounds
for increase in duration of suspension
813.440Â Â Â Â Grounds
for hearing on validity of suspension; rules
813.450Â Â Â Â Appeal
from suspension for refusal or failure of breath test
813.460Â Â Â Â Department
procedures upon verification of suspension of driving privileges of wrong
person
813.470Â Â Â Â Department
notation on record of person acquitted after suspension
HARDSHIP PERMITS
813.500Â Â Â Â Restrictions
on issuance
813.510Â Â Â Â Limitations
on privileges granted by permit; conditions of permit
813.520Â Â Â Â Limitations
on authority to issue hardship permit or reinstate driving privileges
IGNITION INTERLOCK DEVICES
813.600Â Â Â Â Ignition
interlock program; rules
813.602Â Â Â Â Circumstances
under which ignition interlock device required; costs; failure to install;
penalty; exemptions; rules
813.604Â Â Â Â Notice
of court order; notation on hardship permit; rules
813.606Â Â Â Â Exception
for employee otherwise required to have device
813.608Â Â Â Â Knowingly
furnishing motor vehicle without ignition interlock device; penalty
813.610Â Â Â Â Soliciting
another to blow into ignition interlock device; penalty
813.612Â Â Â Â Unlawfully
blowing into ignition interlock device; penalty
813.614Â Â Â Â Tampering
with ignition interlock device; penalty
813.616Â Â Â Â Use
of certain moneys to pay for ignition interlock program
GENERAL PROVISIONS
     813.010
Driving under the influence of intoxicants; penalty. (1) A person commits the offense of driving
while under the influence of intoxicants if the person drives a vehicle while
the person:
     (a) Has 0.08 percent or more by weight of
alcohol in the blood of the person as shown by chemical analysis of the breath
or blood of the person made under ORS 813.100, 813.140 or 813.150;
     (b) Is under the influence of intoxicating
liquor, a controlled substance or an inhalant; or
     (c) Is under the influence of any
combination of intoxicating liquor, an inhalant and a controlled substance.
     (2) A person may not be convicted of
driving while under the influence of intoxicants on the basis of being under
the influence of a controlled substance or an inhalant unless the fact that the
person was under the influence of a controlled substance or an inhalant is
pleaded in the accusatory instrument and is either proved at trial or is
admitted by the person through a guilty plea.
     (3) A person convicted of the offense
described in this section is subject to ORS 813.020 in addition to this
section.
     (4) Except as provided in subsection (5)
of this section, the offense described in this section, driving while under the
influence of intoxicants, is a Class A misdemeanor and is applicable upon any
premises open to the public.
     (5)(a) Driving while under the influence
of intoxicants is a Class C felony if the current offense was committed in a
motor vehicle and the defendant has been convicted, at least three times in the
10 years prior to the date of the current offense, of any of the following
offenses in any combination:
     (A) Driving while under the influence of
intoxicants in violation of:
     (i) This section; or
     (ii) The statutory counterpart to this
section in another jurisdiction.
     (B) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
or operation of a vehicle, an aircraft or a boat due to the use of intoxicating
liquor, a controlled substance, an inhalant or any combination thereof.
     (C) A driving offense in another
jurisdiction that involved operating a vehicle, an aircraft or a boat while
having a blood alcohol content above that jurisdictionÂ’s permissible blood
alcohol content.
     (b) For the purposes of paragraph (a) of
this subsection, a conviction for a driving offense in another jurisdiction
based solely on a person under 21 years of age having a blood alcohol content
that is lower than the permissible blood alcohol content in that jurisdiction
for a person 21 years of age or older does not constitute a prior conviction.
     (6) In addition to any other sentence that
may be imposed, the court shall impose a fine on a person convicted of driving
while under the influence of intoxicants as follows:
     (a) For a person’s first conviction, a
minimum of $1,000.
     (b) For a person’s second conviction, a
minimum of $1,500.
     (c) For a person’s third or subsequent
conviction, a minimum of $2,000 if the person is not sentenced to a term of
imprisonment.
     (7) Notwithstanding ORS 161.635, $10,000
is the maximum fine that a court may impose on a person convicted of driving
while under the influence of intoxicants if:
     (a) The current offense was committed in a
motor vehicle; and
     (b) There was a passenger in the motor
vehicle who was under 18 years of age and was at least three years younger than
the person driving the motor vehicle. [1983 c.338 §587; 1985 c.16 §293; 1987
c.138 §5; 1991 c.835 §7; 1999 c.619 §3; 1999 c.1049 §1; 2003 c.14 §495; 2003
c.445 §1; 2007 c.879 §3]
     813.012
Crime classification for purposes of rules of
     (2) In determining criminal history for a
person convicted of a felony that has operation of a motor vehicle as an
element, or of a felony that involved death, injury or property damage caused
by the use of a motor vehicle, the commission shall:
     (a) Consider two prior convictions of
misdemeanor driving while under the influence of intoxicants to be equivalent
to one conviction of felony driving while under the influence of intoxicants;
and
     (b) Consider felony driving while under
the influence of intoxicants to be a person felony and consider misdemeanor
driving while under the influence of intoxicants to be a person Class A
misdemeanor. [1999 c.1049 §3]
     813.020
Fee to be paid on conviction; screening and treatment; mandatory imprisonment
or community service; attendance at victim impact treatment session; session
fee. When a person is
convicted of driving while under the influence of intoxicants in violation of
ORS 813.010, a court shall comply with the following in addition to any fine or
other penalty imposed upon the person under ORS 813.010:
     (1) The court shall require the person to:
     (a) Pay to the court the fee described
under ORS 813.030 in addition to any fine imposed under ORS 813.010; and
     (b) Complete a screening interview and a
treatment program as provided in ORS 813.021.
     (2) The court must impose and not suspend
execution of a sentence requiring the person either to serve at least 48 hoursÂ’
imprisonment, which shall be served consecutively unless justice requires
otherwise, or to perform community service for times specified by the court
under ORS 137.129. For purposes of this subsection:
     (a) A court may provide for the
imprisonment to be served in jail, minimum security facilities or inpatient
rehabilitation or treatment centers.
     (b) Whenever the judge provides for the
mandatory imprisonment to be served other than consecutively, the judgment must
specifically so provide and the judge must state the reasons in writing.
     (3) In a county that has a victim impact
program a court may require the person to attend a victim impact treatment
session. If the court requires attendance under this section, the court may
require the defendant to pay a reasonable fee to the victim impact program to
offset the cost of the defendantÂ’s participation. The fee shall be established
for each county by the victim impact panel coordinator and steering committee
of that county and shall be not less than $5 or more than $50. [1983 c.338 §588;
1985 c.16 §294 and former 487.549; 1989 c.576 §5; 1991 c.557 §3; 1993 c.13 §4;
1993 c.468 §1; 1999 c.126 §1; 2003 c.14 §496]
     813.021
Requirements for screening interview and treatment program. (1) When a court, in accordance with ORS
813.020, requires a person to complete a screening interview and a treatment
program, the court shall require the person to do all of the following:
     (a) Complete a screening interview for the
purpose of determining appropriate placement of the person in a program for
treatment for alcoholism, drug dependency or dependency on inhalants.
     (b) Pay directly to the agency or
organization conducting the screening interview a fee of $150.
     (c) Complete the treatment program to
which the person is referred.
     (d) Pay for the treatment program to which
the person is referred.
     (2) The screening interview required by
this section shall be conducted by an agency or organization designated by the
court. The designated agency or organization must meet the standards set by the
Director of Human Services to conduct the screening interviews. Wherever
possible a court shall designate agencies or organizations to perform the
screening interview that are separate from those that may be designated to
carry out a treatment program.
     (3) An agency or organization doing a
screening interview under this section may not refer a person to a treatment
program that has not been approved by the Director of Human Services.
     (4) The agency or organization conducting
a screening interview under this section shall monitor the progress of the
person referred to the agency or organization. The agency or organization shall
make a report to the referring court stating the personÂ’s successful completion
or failure to complete all or any part of the screening interview or of the
treatment program to which the person was referred by the agency or
organization. The report shall be in a form determined by agreement between the
court and the agency or organization. [1999 c.126 §3; 1999 c.619 §8a; 2005
c.303 §1]
     Note: 813.021 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 813
or any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.
     813.025
Designation of agency to perform screening, diagnostic assessment and treatment;
qualifications; rules. A
court may designate a single agency or organization to perform the screening
interviews and treatment programs described in ORS 813.021, or the diagnostic
assessment and treatment described in ORS 813.260 (1) when the Director of
Human Services certifies that:
     (1) An agency or organization may accept
such designations due to the lack of alternative agencies or organizations in
the service area; or
     (2) An agency or organization has applied
to and been authorized by the Director of Human Services to operate a
demonstration project that combines screening interviews and treatment programs
or diagnostic assessment and treatment. The Director of Human Services shall by
rule set forth the conditions under which a demonstration project may be
authorized. [1991 c.557 §2; 1999 c.126 §4]
     813.030
Amount of fee; distribution.
The fee required by ORS 471.432 and 813.020 (1) shall be in the amount of $130,
except that the court may waive all or part of the fee in cases involving
indigent defendants. The court may make provision for payment of the fee on an
installment basis. The fee shall be ordered paid as follows:
     (1) $105 to be credited and distributed
under ORS 137.295 as an obligation payable to the state; and
     (2) $25 to be paid to the Director of
Human Services for deposit in the Intoxicated Driver Program Fund created by
ORS 813.270. [1985 c.16 §296; 1987 c.905 §29; 1989 c.576 §§6a,7a; 1989 c.635 §§1,3;
1991 c.557 §4; 1993 c.13 §5; 1999 c.646 §3]
     813.040
Standards for determination of problem condition involving alcohol, inhalants
or controlled substances.
This section establishes, for purposes of ORS 471.432, 807.060 and 813.500,
when a person has a problem condition involving alcohol, inhalants or
controlled substances. For purposes of ORS 471.432, 807.060 and 813.500, a
person has a problem condition involving alcohol, inhalants or controlled
substances if it is determined that the person has a problem condition in which
the personÂ’s health or that of others is substantially impaired or endangered
or the personÂ’s social or economic function is substantially disrupted because
of the personÂ’s:
     (1) Habitual or periodic use of alcoholic
beverages; or
     (2) Use of or loss of the ability to
control the use of controlled substances, inhalants or other substances with
abuse potential including a condition that may have developed:
     (a) A physical dependence in which the
body requires a continuing supply of a drug, inhalant or controlled substance
to avoid characteristic withdrawal symptoms; or
     (b) A psychological dependence
characterized by an overwhelming mental desire for continued use of a drug,
inhalant or controlled substance. [1983 c.338 §589; 1999 c.126 §5; 1999 c.619 §9;
1999 c.646 §4]
     813.050
Out-of-service orders for operators of commercial motor vehicles; grounds;
duration; rules; penalty.
(1) A police officer or a person authorized by the Department of Transportation
to perform vehicle safety inspections shall issue an out-of-service order to
the operator of a commercial motor vehicle if any of the following applies:
     (a) The person has reasonable grounds to
believe that the operator has consumed alcohol or other intoxicating beverage
within four hours prior to the time the operator began operating the vehicle or
at any time while operating the vehicle. As used in this paragraph, “reasonable
grounds” includes, but is not limited to, smelling alcohol on the breath or
person of the operator.
     (b) A chemical test of the operator’s
breath discloses any amount of alcohol in the blood of the operator.
     (c) The operator possesses an intoxicating
beverage while operating the vehicle. This subsection does not apply to possession
of an intoxicating beverage that is manifested and transported as part of a
shipment.
     (2) An out-of-service order issued under
this section shall become effective upon its issuance and shall remain in
effect for 24 hours.
     (3) The Department of Transportation shall
adopt rules requiring that any driver issued an out-of-service order under this
section be required to report the order to the department and to the driverÂ’s
employer. Rules adopted under this section may include, but need not be limited
to, rules specifying the times within which reports must be made and the
contents of the reports.
     (4) Violation of an out-of-service order
issued under this section is a Class A misdemeanor. [1991 c.185 §14; 1993 c.400
§1]
     813.052
Civil penalty for violation of out-of-service order or notice. (1) When the Department of Transportation
receives notification that a person has violated an out-of-service order issued
under ORS 813.050 or has knowingly violated any other out-of-service order or
notice, in addition to suspension of driving privileges imposed under ORS
809.413, the department shall impose a civil penalty of not less than $1,100 or
more than $2,750 on the operator of the commercial motor vehicle.
     (2) For purposes of this section, “notification”
includes, but is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with jurisdiction to
make such determinations that the person has violated an out-of-service order
or notice.
     (3) Civil penalties under this section
shall be imposed in the manner provided in ORS 183.745. [1993 c.400 §4; 2003
c.402 §39; 2007 c.122 §4]
     Note: 813.052 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 813
or any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.
IMPLIED
CONSENT
(Breath or
Blood Test)
     813.095
Offense of refusal to take a breath test; penalty. (1) A person commits the offense of refusal
to take a breath test if the person refuses to take a breath test when
requested to do so in accordance with the provisions of ORS 813.100.
     (2) The offense described in this section,
refusal to take a breath test, is a traffic offense punishable by a fine of at
least $500 and not more than $1,000. The fine described in this section is in
addition to any other consequence prescribed by law for refusal to take a
breath test. [2003 c.814 §2]
     813.100
Implied consent to breath or blood test; confiscation of license upon refusal
or failure of test. (1) Any
person who operates a motor vehicle upon premises open to the public or the
highways of this state shall be deemed to have given consent, subject to the
implied consent law, to a chemical test of the personÂ’s breath, or of the
personÂ’s blood if the person is receiving medical care in a health care
facility immediately after a motor vehicle accident, for the purpose of
determining the alcoholic content of the personÂ’s blood if the person is
arrested for driving a motor vehicle while under the influence of intoxicants
in violation of ORS 813.010 or of a municipal ordinance. A test shall be
administered upon the request of a police officer having reasonable grounds to
believe the person arrested to have been driving while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal ordinance. Before the
test is administered the person requested to take the test shall be informed of
consequences and rights as described under ORS 813.130.
     (2) No chemical test of the person’s
breath or blood shall be given, under subsection (1) of this section, to a
person under arrest for driving a motor vehicle while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal ordinance, if the
person refuses the request of a police officer to submit to the chemical test
after the person has been informed of consequences and rights as described
under ORS 813.130.
     (3) If a person refuses to take a test
under this section or if a breath test under this section discloses that the
person, at the time of the test, had a level of alcohol in the personÂ’s blood
that constitutes being under the influence of intoxicating liquor under ORS
813.300, the personÂ’s driving privileges are subject to suspension under ORS
813.410 and the police officer shall do all of the following:
     (a) Immediately take custody of any driver
license or permit issued by this state to the person to grant driving
privileges.
     (b) Provide the person with a written
notice of intent to suspend, on forms prepared and provided by the Department
of Transportation. The written notice shall inform the person of consequences
and rights as described under ORS 813.130.
     (c) If the person qualifies under ORS
813.110, issue to the person, on behalf of the department, a temporary driving
permit described under ORS 813.110.
     (d) Within a period of time required by
the department by rule, report action taken under this section to the
department and prepare and cause to be delivered to the department a report as
described in ORS 813.120, along with the confiscated license or permit and a
copy of the notice of intent to suspend.
     (4) If a blood test under this section
discloses that the person, at the time of the test, had a level of alcohol in
the personÂ’s blood that constitutes being under the influence of intoxicating
liquor under ORS 813.300, the personÂ’s driving privileges are subject to
suspension under ORS 813.410 and the police officer shall report to the
department within 45 days of the date of arrest that the person failed the
blood test. [1983 c.338 §591; 1985 c.16 §298; 1985 c.672 §19; 1993 c.305 §1;
1995 c.568 §1]
     813.110
Temporary permit upon confiscation of license.(1) Except as otherwise provided by this
section, police officers, on behalf of the Department of Transportation, shall
issue temporary driving permits described under this section to persons when
required under ORS 813.100.
     (2) The department shall provide police
departments and agencies with permits for issuance as required by this section.
The department shall establish the form and content of permits described in
this section as the department determines appropriate, but in a manner
consistent with this section.
     (3) A permit described in this section is
subject to all the following:
     (a) Except as provided in paragraph (b) of
this subsection, the permit is valid until the 30th day after the date of
arrest.
     (b) During the 12-hour period following
issuance of the permit, the person is subject to ORS 807.570, and the permit is
not a defense to a charge under ORS 807.570.
     (c) The permit shall be issued without
payment of any fee.
     (d) The permit grants the same driving
privileges as those granted by the personÂ’s license taken into possession under
ORS 813.100.
     (4) A police officer shall not issue a
permit under this section if:
     (a) Driving privileges of the person were
suspended, revoked or canceled at the time the person was arrested;
     (b) The person whose license was taken
into custody was operating on an invalid license;
     (c) The person was not entitled to driving
privileges at the time of the arrest for any other reason; or
     (d) The person holds a license or permit
granting driving privileges that was issued by another state or jurisdiction
and that is not taken into custody under ORS 813.100. [1985 c.16 §142; 1985
c.672 §17]
     813.120
Police report to department.
(1) A report required by ORS 813.100 shall disclose substantially all of the
following information:
     (a) Whether the person, at the time the
person was requested to submit to a test, was under arrest for driving a motor
vehicle while under the influence of intoxicants in violation of ORS 813.010 or
of a municipal ordinance.
     (b) Whether the police officer had
reasonable grounds to believe, at the time the request was made, that the person
arrested had been driving under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance.
     (c) Whether the person refused to submit
to a test or if the person submitted to a breath or blood test whether the
level of alcohol in the personÂ’s blood, as shown by the test, was sufficient to
constitute being under the influence of intoxicating liquor under ORS 813.300.
     (d) Whether the person was driving a
commercial motor vehicle and refused to submit to a test or if the person submitted
to a breath or blood test whether the level of alcohol in the personÂ’s blood,
as shown by the test, was 0.04 percent or more by weight.
     (e) Whether the person was informed of
consequences and rights as described under ORS 813.130.
     (f) Whether the person was given written
notice of intent to suspend required by ORS 813.100 (3)(b).
     (g) If the arrested person took a test, a
statement that the person conducting the test was appropriately qualified.
     (h) If the arrested person took a test, a
statement that any methods, procedures and equipment used in the test comply
with any requirements under ORS 813.160.
     (2) A report required by ORS 813.100 may
be made in one or more forms specified by the Department of Transportation. [1983
c.338 §405; 1985 c.16 §215; 1985 c.672 §20; 1989 c.636 §42; 1993 c.305 §3; 1993
c.751 §70; 1995 c.568 §3]
     813.130
Rights of and consequences for person asked to take test. This section establishes the requirements
for information about rights and consequences for purposes of ORS 813.100 and
813.410. The following apply to the information about rights and consequences:
     (1) The information about rights and
consequences shall be substantially in the form prepared by the Department of
Transportation. The department may establish any form it determines appropriate
and convenient.
     (2) The information about rights and
consequences shall be substantially as follows:
     (a) Driving under the influence of
intoxicants is a crime in
     (b) The person will fail a test under ORS
813.100 for purposes of criminal penalties if the test discloses a blood
alcohol content of 0.08 percent or more by weight. The person will fail a test
for purposes of the Motorist Implied Consent Law if the test discloses a blood
alcohol content of:
     (A) 0.08 percent or more by weight if the
person was not driving a commercial motor vehicle;
     (B) 0.04 percent or more by weight if the
person was driving a commercial motor vehicle; or
     (C) Any amount if the person was under 21
years of age.
     (c) If the person refuses or fails a test
under ORS 813.100, the personÂ’s driving privileges will be suspended. The
outcome of a criminal charge for driving under the influence of intoxicants
will not affect the suspension. The suspension will be substantially longer if
the person refuses a test.
     (d) If the person refuses a test or fails
a breath test under ORS 813.100 and has an
     (e) If the person refuses a test under ORS
813.100, the person will not be eligible for a hardship permit for at least 90
days, and possibly for one year, depending on the personÂ’s driving record. The
person may possibly qualify for a hardship permit in 30 days if the person
fails a test, depending on the personÂ’s driving record.
     (f) If the person refuses a breath test
under ORS 813.100, the person is subject to a fine of at least $500 and not more
than $1,000.
     (g) After taking a test under ORS 813.100,
the person will have a reasonable opportunity, upon request, for an additional
chemical test for blood alcohol content to be performed at the personÂ’s own
expense by a qualified individual of the personÂ’s choosing.
     (h) The person has a right to a hearing to
challenge the validity of the suspension before the suspension becomes
effective. The person must make a written request to the department for such a
hearing. If the person wins at the hearing, the personÂ’s driving privileges
will not be suspended. If the person loses at the hearing, the suspension will
remain in effect during any court review of the hearing.
     (i) The following times:
     (A) If the person is issued a temporary
driving permit under ORS 813.100, the number of hours before the driving permit
will be effective and the number of days the permit will be effective.
     (B) The number of days within which a
person must request a hearing under ORS 813.410.
     (C) The number of days within which a
hearing under ORS 813.410 will be held.
     (3) If the person is driving a commercial
motor vehicle, the information about rights and consequences shall include, in
addition to the provisions of subsection (2) of this section, substantially the
following:
     (a) If the person refuses a test under ORS
813.100 or submits to a breath or blood test and the level of alcohol in the
personÂ’s blood is 0.04 percent or more by weight, the personÂ’s commercial
driver license or right to apply for a commercial driver license will be
suspended and no hardship permit authorizing the person to drive a commercial
motor vehicle will be issued. The suspension will be substantially longer if
the person refuses a test.
     (b) The suspension of the person’s
commercial driver license or right to apply for a commercial driver license
will be for the personÂ’s lifetime if the person refuses a test under ORS
813.100 or submits to a breath or blood test and the level of alcohol in the
personÂ’s blood is 0.04 percent or more by weight and:
     (A) The person previously has been
convicted of failure to perform the duties of a driver;
     (B) The person previously has been
convicted of a crime punishable as a felony and the person was driving a motor
vehicle at the time the offense was committed;
     (C) The person previously has been
convicted of driving a commercial motor vehicle while the personÂ’s commercial
driver license or right to apply for a commercial driver license was suspended
or revoked;
     (D) The person previously has been
convicted of any degree of murder, manslaughter or criminally negligent
homicide resulting from the operation of a commercial motor vehicle or assault
in the first degree resulting from the operation of a commercial motor vehicle;
     (E) The person previously has been convicted
of driving while under the influence of intoxicants;
     (F) The person’s commercial driver license
previously has been suspended or revoked for refusal to submit to, or failure
of, a breath or blood test under ORS 813.100; or
     (G) The person’s right to apply for a
commercial driver license previously has been suspended or revoked for refusal
to submit to, or failure of, a breath or blood test under ORS 813.100 resulting
from the operation of a commercial motor vehicle.
     (4) Nothing in this section prohibits the
department from providing additional information concerning rights and
consequences that the department considers convenient or appropriate. [1985
c.672 §22; 1987 c.673 §3; 1987 c.801 §11; 1989 c.171 §92; 1989 c.636 §43; 1991
c.185 §15; 1991 c.860 §10; 1993 c.305 §4; 1995 c.568 §4; 2003 c.814 §3; 2005
c.649 §28]
(Urine Test)
     813.131
Implied consent to urine test; privacy; laboratories for analysis. (1) Any person who operates a motor vehicle
upon premises open to the public or the highways of this state shall be deemed
to have given consent, subject to the Motorist Implied Consent Law, to a
chemical test of the personÂ’s urine for the purpose of determining the presence
of a controlled substance or an inhalant in the personÂ’s body if the person is
arrested for driving while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance and either:
     (a) The person takes the breath test
described in ORS 813.100 and the test discloses a blood alcohol content of less
than 0.08 percent; or
     (b) The person is involved in an accident
resulting in injury or property damage. A urine test may be requested under
this paragraph regardless of whether a breath test has been requested and
regardless of the results of a breath test, if one is taken.
     (2) A police officer may not request a
urine test unless the officer is certified by the Board on Public Safety
Standards and Training as having completed at least eight hours of training in
recognition of drug impaired driving and the officer has a reasonable suspicion
that the person arrested has been driving while under the influence of a
controlled substance, an inhalant or any combination of an inhalant, a
controlled substance and intoxicating liquor.
     (3) A person asked to give a urine sample
shall be given privacy and may not be observed by a police officer when
producing the sample.
     (4) A chemical analysis of a person’s
urine under this section shall be performed in an accredited or licensed
toxicology laboratory. [1995 c.676 §1; 1999 c.619 §10; 1999 c.752 §1]
     813.132
Consequences of refusing to take urine test; exception. (1) Except as otherwise provided in this
section, a refusal to take a urine test requested under ORS 813.131 shall be
treated for all purposes as a refusal to take a breath test. A suspension
imposed for refusal to take a urine test shall be consecutive to any other
suspension imposed under the Motorist Implied Consent Law. If a person is
subject to consecutive suspensions, the length of time that must elapse before
the Department of Transportation may reinstate driving privileges or issue a
hardship permit under ORS 813.520 shall be doubled.
     (2) Before any test of urine may be
administered under ORS 813.131, in addition to information described in ORS
813.130, the person asked to take the test shall be informed that if the person
refuses the test, the personÂ’s driving privileges will be suspended for the
same time period and with the same consequences as if the person had refused
the breath test and that a suspension for refusal of the urine test will be
consecutive to any other suspension under the Motorist Implied Consent Law.
     (3) Notwithstanding subsection (1) of this
section, no suspension of driving privileges shall be imposed for refusal to
provide a urine sample if the person provides documentation from a physician
licensed by this state showing that the person has a medical condition that
makes it impossible for the person to provide a sample. [1995 c.676 §2; 1997
c.25 §3]
(Field
Sobriety Tests)
     813.135
Implied consent to field sobriety tests. Any person who operates a vehicle upon premises open to the public or
the highways of the state shall be deemed to have given consent to submit to
field sobriety tests upon the request of a police officer for the purpose of
determining if the person is under the influence of intoxicants if the police
officer reasonably suspects that the person has committed the offense of
driving while under the influence of intoxicants in violation of ORS 813.010 or
a municipal ordinance. Before the tests are administered, the person requested
to take the tests shall be informed of the consequences of refusing to take or
failing to submit to the tests under ORS 813.136. [1989 c.576 §15]
     813.136
Consequence of refusal or failure to submit to field sobriety tests. If a person refuses or fails to submit to
field sobriety tests as required by ORS 813.135, evidence of the personÂ’s
refusal or failure to submit is admissible in any criminal or civil action or
proceeding arising out of allegations that the person was driving while under
the influence of intoxicants. [1989 c.576 §14]
CHEMICAL
TESTS; METHODS AND REQUIREMENTS
     813.140
Chemical test with consent; unconscious person. Nothing in ORS 813.100 is intended to
preclude the administration of a chemical test described in this section. A
police officer may obtain a chemical test of the blood to determine the amount
of alcohol in any personÂ’s blood or a test of the personÂ’s blood or urine, or
both, to determine the presence of a controlled substance or an inhalant in the
person as provided in the following:
     (1) If, when requested by a police
officer, the person expressly consents to such a test.
     (2) Notwithstanding subsection (1) of this
section, from a person without the personÂ’s consent if:
     (a) The police officer has probable cause
to believe that the person was driving while under the influence of intoxicants
and that evidence of the offense will be found in the personÂ’s blood or urine;
and
     (b) The person is unconscious or otherwise
in a condition rendering the person incapable of expressly consenting to the
test or tests requested. [1983 c.338 §593; 1985 c.16 §299; 1999 c.619 §11]
     813.150
Chemical test at request of arrested person. In addition to a chemical test of the breath, blood or urine
administered under ORS 813.100 or 813.140, upon the request of a police
officer, a person shall be permitted upon request, at the personÂ’s own expense,
reasonable opportunity to have any licensed physician and surgeon, licensed
professional nurse or qualified technician, chemist or other qualified person
of the personÂ’s own choosing administer a chemical test or tests of the personÂ’s
breath or blood for the purpose of determining the alcoholic content of the
personÂ’s blood or a chemical test or tests of the personÂ’s blood or urine, or
both, for the purpose of determining the presence of a controlled substance or
an inhalant in the person. The failure or inability to obtain such a test or
tests by a person shall not preclude the admission of evidence relating to a
test or tests taken upon the request of a police officer. [1983 c.338 §594;
1985 c.16 §300; 1999 c.619 §12]
     813.160
Methods of conducting chemical analyses; duties of Department of State Police;
reports; costs. (1) A
chemical analysis is valid under ORS 813.300 if:
     (a) It is an analysis of a person’s blood
for alcohol content and is performed in:
     (A) A laboratory certified or accredited
under 42 C.F.R. part 493 and approved for toxicology testing;
     (B) A laboratory licensed under ORS
438.110 and approved for toxicology testing; or
     (C) A forensic laboratory established by
the Department of State Police under ORS 181.080 that is accredited by a
national forensic accrediting organization.
     (b) It is an analysis of a person’s breath
and is performed by an individual possessing a valid permit to perform chemical
analyses issued by the Department of State Police and is performed according to
methods approved by the Department of State Police. For purposes of this
paragraph, the Department of State Police shall do all of the following:
     (A) Approve methods of performing chemical
analyses of a personÂ’s breath.
     (B) Prepare manuals and conduct courses
throughout the state for the training of police officers in chemical analyses
of a personÂ’s breath, which courses shall include, but are not limited to,
approved methods of chemical analyses, use of approved equipment and
interpretation of test results together with a written examination on these
subjects.
     (C) Test and certify the accuracy of
equipment to be used by police officers for chemical analyses of a personÂ’s
breath before regular use of the equipment and periodically thereafter at
intervals of not more than 90 days. Tests and certification required by this
subparagraph must be conducted by trained technicians. Certification under this
subparagraph does not require a signed document.
     (D) Ascertain the qualifications and
competence of individuals to conduct chemical analyses in accordance with one
or more methods approved by the department.
     (E) Issue permits to individuals according
to their qualifications. Permits may be issued to police officers only upon
satisfactory completion of the prescribed training course and written
examination. A permit must state the methods and equipment that the police
officer is qualified to use. Permits are subject to termination or revocation
at the discretion of the Department of State Police.
     (2) In conducting a chemical test of the
blood, only a duly licensed physician or a person acting under the direction or
control of a duly licensed physician may withdraw blood or pierce human tissue.
A licensed physician, or a qualified person acting under the direction or
control of a duly licensed physician, is not civilly liable for withdrawing any
bodily substance, in a medically acceptable manner, at the request of a peace
officer.
     (3) An individual who performs a chemical
analysis of breath or blood under ORS 813.100 or 813.140 shall prepare and sign
a written report of the findings of the test that must include the identification
of the police officer upon whose request the test was administered.
     (4) Any individual having custody of the
report mentioned in subsection (3) of this section shall, upon request of the
person tested, furnish that person or that personÂ’s attorney, a copy of the
report.
     (5) The expense of conducting a chemical
test as provided by ORS 813.100 or 813.140 must be paid by the governmental
unit on whose equipment the test is conducted or by the governmental unit upon
whose request the test was administered if no governmental unitÂ’s equipment is
used to conduct the test. [1983 c.338 §173; 1985 c.16 §57; 1985 c.337 §2; 1995
c.351 §1; 2003 c.19 §1]
PLEA
AGREEMENT
     813.170
Plea agreement prohibited.
(1) Notwithstanding ORS 135.405 to 135.445, a person charged with the offense
of driving under the influence of intoxicants shall not be allowed to plead “guilty”
or “no contest” to any other offense in exchange for a dismissal of the offense
charged. No district attorney or city attorney shall make any motion and no
judge shall enter any order in derogation of this section. This section does
not prohibit diversion as provided under ORS 813.200.
     (2) Notwithstanding ORS 135.881 to
135.901, a person charged with the offense of driving under the influence of intoxicants
shall not be allowed to enter into any program of supervised performance or
diversion except as provided under ORS 813.200. [1983 c.338 §382; 1999 c.1051 §294]
DIVERSION
     813.200
Notice of availability of diversion; petition; form; contents. (1) The court shall inform at arraignment a
defendant charged with the offense of driving while under the influence of
intoxicants as defined in ORS 813.010 or a city ordinance conforming thereto
that a diversion agreement may be available if the defendant meets the criteria
set out in ORS 813.215 and files with the court a petition for a driving while
under the influence of intoxicants diversion agreement.
     (2) The petition forms for a driving while
under the influence of intoxicants diversion agreement shall be available to a
defendant at the court.
     (3) The form of the petition for a driving
while under the influence of intoxicants diversion agreement and the
information and blanks contained therein shall be determined by the Supreme
Court under ORS 1.525. The petition forms made available to a defendant by any
city or state court shall conform to the requirements adopted by the Supreme
Court.
     (4) In addition to any other information
required by the Supreme Court to be contained in a petition for a driving while
under the influence of intoxicants diversion agreement, the petition shall
include:
     (a) A plea of guilty or no contest to the
charge of driving while under the influence of intoxicants signed by the
defendant;
     (b) An agreement by the defendant to complete
at an agency or organization designated by the city or state court a diagnostic
assessment to determine the possible existence and degree of an alcohol or drug
abuse problem;
     (c) An agreement by the defendant to
complete, at defendantÂ’s own expense based on defendantÂ’s ability to pay, the
program of treatment indicated as necessary by the diagnostic assessment;
     (d) An agreement by the defendant to not
use intoxicants in conjunction with the defendantÂ’s operation of a motor
vehicle and to comply fully with the laws of this state designed to discourage
the use of intoxicants in conjunction with motor vehicle operation;
     (e) A notice to the defendant that the
diversion agreement will be considered to be violated if the court receives
notice that the defendant at any time during the diversion period committed the
offense of driving while under the influence of intoxicants or committed a
violation of ORS 811.170;
     (f) An agreement by the defendant to keep
the court advised of the defendantÂ’s current mailing address at all times
during the diversion period;
     (g) A waiver by the defendant of any
former jeopardy rights under the federal and state Constitutions and ORS
131.505 to 131.525 in any subsequent action upon the charge or any other
offenses based upon the same criminal episode;
     (h) A sworn statement, as defined in ORS
162.055, by the defendant certifying that the defendant meets the criteria set
out in ORS 813.215 to be eligible to enter into the driving while under the
influence of intoxicants diversion agreement; and
     (i) An agreement by the defendant to pay
court-appointed attorney fees as determined by the court. [1983 c.338 §369;
1985 c.16 §191; 1987 c.441 §4; 2003 c.816 §1]
     813.210
Petition; filing fee; diagnostic assessment fee; service on prosecutor;
objection. (1) After an
accusatory instrument has been filed charging the defendant with the offense of
driving while under the influence of intoxicants, a defendant may file with the
court a petition for a driving while under the influence of intoxicants
diversion agreement described in ORS 813.200. The petition:
     (a) Must be filed within 30 days after the
date of the defendantÂ’s first appearance on the summons, unless a later filing
date is allowed by the court upon a showing of good cause. For purposes of this
paragraph, the filing of a demurrer, a motion to suppress or a motion for an
omnibus hearing does not constitute good cause.
     (b) Notwithstanding paragraph (a) of this
subsection, may not be filed after entry of a guilty plea or a no contest plea
or after commencement of any trial on the charge whether or not a new trial or
retrial is ordered for any reason.
     (2) The defendant shall pay to the court,
at the time of filing a petition for a driving while under the influence of
intoxicants diversion agreement, a filing fee established under ORS 813.240.
The court may make provision for payment of the filing fee by the defendant on
an installment basis. The court may waive all or part of the filing fee in
cases involving indigent defendants. The filing fee paid to the court under
this subsection shall be retained by the court if the petition is allowed. The
filing fee shall be distributed as provided by ORS 813.240.
     (3) The defendant shall pay to the agency
or organization providing the diagnostic assessment, at the time the petition
is allowed, the fee required by ORS 813.240 (2).
     (4)(a) Unless otherwise provided under
paragraph (b) of this subsection, the defendant shall pay to the court any
court-appointed attorney fees agreed to under ORS 813.200 (4)(i). Payments
shall be made prior to the end of the diversion period on a schedule determined
by the court.
     (b) The court may waive all or part of the
court-appointed attorney fees agreed to under ORS 813.200 (4)(i).
     (5) The defendant shall cause a copy of
the petition for a driving while under the influence of intoxicants diversion
agreement to be served upon the district attorney or city attorney. The
district attorney or city attorney may file with the court, within 15 days
after the date of service, a written objection to the petition and a request
for a hearing. [1983 c.338 §370; 1985 c.16 §192; 1987 c.441 §5; 1987 c.534 §1;
1993 c.13 §6; 2003 c.816 §2]
     813.215
Eligibility for diversion.
(1) A defendant is eligible for diversion if the defendant meets all of the
following conditions:
     (a) On the date the defendant filed the
petition for a driving while under the influence of intoxicants diversion
agreement, the defendant had no charge, other than the charge for the present
offense, pending for:
     (A) An offense of driving while under the
influence of intoxicants in violation of:
     (i) ORS 813.010; or
     (ii) The statutory counterpart to ORS
813.010 in another jurisdiction;
     (B) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
of a vehicle due to the use of intoxicating liquor, a controlled substance, an
inhalant or any combination thereof; or
     (C) A driving offense in another
jurisdiction that involved operating a vehicle while having a blood alcohol
content above that jurisdictionÂ’s permissible blood alcohol content.
     (b) The defendant has not been convicted
of an offense described in paragraph (a) of this subsection within the period
beginning 10 years before the date of the commission of the present offense and
ending on the date the defendant filed the petition for a driving while under
the influence of intoxicants diversion agreement.
     (c) The defendant has not been convicted
of a felony offense described in ORS 813.010 (5)(a).
     (d) The defendant was not participating in
a driving while under the influence of intoxicants diversion program or in any
similar alcohol or drug rehabilitation program, other than a program entered
into as a result of the charge for the present offense, in this state or in
another jurisdiction on the date the defendant filed the petition for a driving
while under the influence of intoxicants diversion agreement.
     (e) The defendant did not participate in a
diversion or rehabilitation program described in paragraph (d) of this
subsection, other than a program entered into as a result of the charge for the
present offense, within the period beginning 10 years before the date of the
commission of the present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants diversion
agreement.
     (f) The defendant had no charge of an
offense of aggravated vehicular homicide or of murder, manslaughter, criminally
negligent homicide or assault that resulted from the operation of a motor
vehicle pending in this state or in another jurisdiction on the date the
defendant filed the petition for a driving while under the influence of
intoxicants diversion agreement.
     (g) The defendant has not been convicted
of an offense described in paragraph (f) of this subsection within the period
beginning 10 years before the date of the commission of the present offense and
ending on the date the defendant filed the petition for a driving while under
the influence of intoxicants diversion agreement.
     (h) The defendant did not hold a
commercial driver license on the date of the commission of the offense.
     (i) The defendant was not operating a
commercial motor vehicle at the time of the offense.
     (j) The present driving while under the influence
of intoxicants offense did not involve an accident resulting in:
     (A) Death of any person; or
     (B) Physical injury as defined in ORS
161.015 to any person other than the defendant.
     (2) For the purposes of subsection (1)(a)
of this section, a conviction for a driving offense in another jurisdiction
based solely on a person under 21 years of age having a blood alcohol content
that is lower than the permissible blood alcohol content in that jurisdiction
for a person 21 years of age or older does not constitute a prior conviction. [1987
c.441 §3; 1997 c.749 §5; 1999 c.445 §1; 1999 c.1051 §295; 2005 c.649 §29; 2007
c.122 §11; 2007 c.867 §14; 2007 c.879 §10]
     813.220
Matters to be considered by court in determining to allow diversion agreement;
reasons for denial. After
the time for requesting a hearing under ORS 813.210 has expired with no request
for a hearing, or after a hearing requested under ORS 813.210, the court shall
determine whether to allow or deny a petition for a driving while under the influence
of intoxicants diversion agreement. In making a determination under this
section, the court:
     (1) Shall consider whether the diversion
will be of benefit to the defendant and the community.
     (2) May take into consideration whether
there was an early recognition by the defendant during the proceeding that a
course of diagnosis and treatment of problem drinking, alcoholism or drug
dependency would be beneficial.
     (3) May take into consideration whether
there is a probability that the defendant will cooperate with the diagnostic
assessment and treatment agencies.
     (4) May take into consideration whether
the defendant will observe the restrictions contained in the diversion
agreement.
     (5) May take into consideration whether
the offense was committed in a motor vehicle and whether there was a passenger
in the motor vehicle who was under 18 years of age and at least three years
younger than the defendant.
     (6) Shall deny the petition for a driving
while under the influence of intoxicants diversion agreement if the defendant
failed to appear at an arraignment on the present offense without good cause.
     (7) Shall deny the petition for a driving
while under the influence of intoxicants diversion agreement if, after the date
the defendant filed the petition, the defendant was charged with or convicted
of:
     (a) An offense of driving while under the
influence of intoxicants in violation of:
     (A) ORS 813.010; or
     (B) The statutory counterpart to ORS
813.010 in another jurisdiction;
     (b) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
of a vehicle due to the use of intoxicating liquor, a controlled substance, an
inhalant or any combination thereof; or
     (c) A driving offense in another
jurisdiction that involved operating a vehicle while having a blood alcohol
content above that jurisdictionÂ’s permissible blood alcohol content.
     (8) Shall deny the petition for a driving
while under the influence of intoxicants diversion agreement if the defendant
participated in a driving while under the influence of intoxicants diversion
program or in any similar alcohol or drug rehabilitation program, other than a
program entered into as a result of the charge for the present offense, in this
state or in another jurisdiction after the date the defendant filed the
petition.
     (9) Shall deny the petition for a driving
while under the influence of intoxicants diversion agreement if the defendant
was charged with or convicted of an offense of aggravated vehicular homicide or
of murder, manslaughter, criminally negligent homicide or assault that resulted
from the operation of a motor vehicle in this state or in another jurisdiction
after the date the defendant filed the petition.
     (10) Shall deny the petition for a driving
while under the influence of intoxicants diversion agreement if the defendant
has been convicted of a felony offense described in ORS 813.010 (5)(a).
     (11) For the purposes of subsection (7) of
this section, may not consider a conviction for a driving offense in another
jurisdiction based solely on a person under 21 years of age having a blood
alcohol content that is lower than the permissible blood alcohol content in
that jurisdiction for a person 21 years of age or older as a prior conviction. [1983
c.338 §371; 1987 c.441 §6; 1997 c.749 §6; 1999 c.1051 §296; 2003 c.445 §2; 2007
c.867 §15; 2007 c.879 §7]
     813.222
Right of victim to be present at hearing. (1) If a driving while under the influence of intoxicants offense
involves damage to property of a person other than the defendant, the victim of
the property damage has a right to be present and to be heard at any hearing on
a petition for a diversion agreement.
     (2) The district attorney or city attorney
shall notify the victim that the defendant may be eligible for diversion and
that if there is a hearing on a petition for diversion, the victim has a right
to be present and to be heard at the hearing. [1999 c.445 §3]
     813.225
Petition for extension of diversion period; conditions. (1) Within 30 days prior to the end of the
period of a driving while under the influence of intoxicants diversion
agreement described in ORS 813.230, a defendant may apply by motion to the
court in which the diversion agreement was entered for an order extending the
diversion period.
     (2) Petition forms for an application for
an extension under this section shall be available to a defendant at the court.
     (3) The form of the petition for an
extension under this section shall be determined by the Supreme Court under ORS
1.525. The petition forms made available to a defendant by any city or state
court shall conform to the requirements of the Supreme Court.
     (4) The court may grant a petition for an
extension filed under this section if the court finds that the defendant made a
good faith effort to complete the conditions of the diversion agreement and
that the defendant can complete the conditions of the diversion agreement
within the requested extended diversion period.
     (5) An extension granted under this
section may be for no more than 180 days.
     (6) A court may grant a defendant only one
extension of a diversion period under this section.
     (7) If the court grants the petition for
an extension under this section, the following apply:
     (a) If the defendant fully complies with
the conditions of the diversion agreement within the extended diversion period,
the court may dismiss the charge with prejudice under ORS 813.250.
     (b) If the court finds that the defendant
failed to comply with the diversion agreement within the extended diversion period,
the court shall enter the guilty plea or no contest plea filed as part of the
petition for a diversion agreement, shall enter a judgment of conviction and
shall sentence the defendant.
     (8) If the court denies the petition for
an extension under this section, the court shall enter the guilty plea or no
contest plea filed as part of the petition for a diversion agreement, shall
enter a judgment of conviction and shall sentence the defendant. [1997 c.749 §7;
2003 c.816 §3]
     813.230
Diversion agreement; record; duration; effect of denial. (1) When the court allows a petition for a
driving while under the influence of intoxicants diversion agreement filed as
provided in ORS 813.210, the judge taking that action shall:
     (a) Accept the guilty plea or no contest
plea filed as part of the petition for a diversion agreement but withhold entry
of a judgment of conviction; and
     (b) Sign the petition and indicate thereon
the date of allowance of the diversion period, the length of the diversion
period and the date upon which the driving while under the influence offense
occurred.
     (2) The petition when signed and dated
becomes the diversion agreement between the defendant and the court. The court
shall make the agreement a part of the record of the case. The court shall
notify the Department of Transportation of the diversion agreement in a form
agreed to by the department and the State Court Administrator within 48 hours
after allowing the petition. The department shall make the fact of the
diversion agreement a part of the defendantÂ’s operating record.
     (3) A driving while under the influence of
intoxicants diversion agreement shall be for a period of one year after the
date the court allows the petition. During the diversion period the court shall
stay the driving while under the influence of intoxicants offense proceeding
pending completion of the diversion agreement or its termination.
     (4) When the court denies a petition for a
driving while under the influence of intoxicants diversion agreement, it shall
continue the offense proceeding against the defendant. The guilty plea or no
contest plea filed as part of the petition for the diversion agreement may not
be used in the offense proceeding under this subsection. [1983 c.338 §372; 1985
c.16 §193; 1985 c.710 §7; 1993 c.751 §71; 2003 c.816 §4]
     813.235
Attendance at victim impact treatment session as condition of diversion; fee. In a county that has a victim impact program
a court may require as a condition of a driving while under the influence of
intoxicants diversion agreement that the defendant attend a victim impact
treatment session. If the court requires attendance under this section, the
court may require the defendant, as part of the diversion agreement, to pay a
reasonable fee to the victim impact program to offset the cost of the defendantÂ’s
participation. The fee shall be established for each county by the victim
impact panel coordinator and steering committee of that county and shall be not
less than $5 or more than $50. [1987 c.830 §2; 1993 c.468 §2]
     813.240
Amount and distribution of filing fee; diagnostic assessment fee. (1) The filing fee paid by a defendant at
the time of filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall be $261 and
shall be ordered paid as follows if the petition is allowed:
     (a) $136 to be credited and distributed
under ORS 137.295 as an obligation payable to the state;
     (b) $100 to be treated as provided for
disposition of fines and costs under ORS 153.630; and
     (c) $25 to be paid to the Director of
Human Services for deposit in the Intoxicated Driver Program Fund created under
ORS 813.270, to be used for purposes of the fund.
     (2) In addition to the filing fee under
subsection (1) of this section, the court shall order the defendant to pay $150
directly to the agency or organization providing the diagnostic assessment. [1983
c.338 §373; 1985 c.16 §194; 1985 c.277 §3; 1987 c.905 §30; 1989 c.576 §§8a,9a;
1989 c.635 §§2,4; 1991 c.557 §6; 1993 c.13 §7; 1999 c.1051 §297; 2003 c.737 §§71,72;
2005 c.303 §§2,3; 2005 c.702 §§85,86,87]
     813.250
Motion to dismiss charge on completion of diversion; admissibility of
statements. (1) At any time
after the conclusion of the period of a driving while under the influence of
intoxicants diversion agreement described in ORS 813.230, a defendant who has
fully complied with and performed the conditions of the diversion agreement may
apply by motion to the court wherein the diversion agreement was entered for an
order dismissing the charge with prejudice.
     (2) The defendant shall cause to be served
on the district attorney or city attorney a copy of the motion for entry of an
order dismissing with prejudice the charge of driving while under the influence
of intoxicants. The motion shall be served on the district attorney or city
attorney at the time it is filed with the court. The district attorney or city
attorney may contest the motion.
     (3) If the defendant does not appear as
provided by subsection (1) of this section within six months after the
conclusion of the diversion period, and if the court finds that the defendant
fully complied with and performed the conditions of the diversion agreement,
and if it gives notice of that finding to the district attorney or city
attorney the court may on its own motion enter an order dismissing the charge
of driving while under the influence of intoxicants with prejudice.
     (4) No statement made by the defendant
about the offense with which the defendant is charged shall be offered or
received in evidence in any criminal or civil action or proceeding arising out
of the same conduct which is the basis of the charge of driving while under the
influence of intoxicants, if the statement was made during the course of the
diagnostic assessment or the rehabilitation program and to a person employed by
the program. [1983 c.338 §374; 1985 c.16 §195; 1987 c.441 §7]
     813.255
Termination of diversion.
(1) At any time before the court dismisses with prejudice the charge of driving
while under the influence of intoxicants, the court on its own motion or on the
motion of the district attorney or city attorney may issue an order requiring
defendant to appear and show cause why the court should not terminate the
diversion agreement. The order to show cause shall state the reasons for the
proposed termination and shall set an appearance date.
     (2) The order to show cause shall be
served on the defendant and on the defendantÂ’s attorney, if any. Service may be
made by first class mail, postage paid, addressed to the defendant at the
mailing address shown on the diversion petition and agreement or at any other
address that the defendant provides in writing to the court.
     (3) The court shall terminate the
diversion agreement and enter the guilty plea or no contest plea that was filed
as part of the petition for the diversion agreement if:
     (a) At the hearing on the order to show
cause, the court finds by a preponderance of the evidence that any of the
reasons for termination described in this section exist; or
     (b) The defendant fails to appear at the
hearing on the order to show cause.
     (4) If the court terminates the diversion
agreement and enters the guilty plea or no contest plea, the court may take
into account at time of sentencing any partial fulfillment by the defendant of
the terms of the diversion agreement.
     (5) The court shall terminate a diversion
agreement under this section for any of the following reasons:
     (a) The defendant fails to fulfill the
terms of the diversion agreement.
     (b) The defendant does not qualify for the
diversion agreement under the criteria in ORS 813.215. [1987 c.441 §9; 2003
c.816 §5]
     813.260
Designation of agencies to perform diagnostic assessments; duties of agency. (1) Courts having jurisdiction over driving
while under the influence of intoxicants offenses shall designate agencies or
organizations to perform the diagnostic assessment and treatment required under
driving while under the influence of intoxicants diversion agreements described
in ORS 813.200. The designated agencies or organizations must meet the
standards set by the Director of Human Services to perform the diagnostic
assessment and treatment of problem drinking, alcoholism and drug dependency
and must be certified by the Director of Human Services. Wherever possible a
court shall designate agencies or organizations to perform the diagnostic
assessment that are separate from those that may be designated to carry out a
program of treatment.
     (2) Monitoring of a defendant’s progress
under a diversion agreement shall be the responsibility of the diagnostic
assessment agency or organization. It shall make a report to the court stating
the defendantÂ’s successful completion or failure to complete all or any part of
the treatment program specified by the diagnostic assessment. The form of the
report shall be determined by agreement between the court and the diagnostic
assessment agency or organization. The court shall make the report of the
diagnostic assessment agency or organization that is required by this
subsection a part of the record of the case. [1983 c.338 §375; 1991 c.557 §7]
     813.270
Intoxicated Driver Program Fund; creation; uses. The Intoxicated Driver Program Fund is
created to consist of moneys placed in the fund under ORS 813.030 and 813.240
or as otherwise provided by law and of gifts and grants made to the fund for
carrying out the purposes of the fund. The moneys in the fund may be used only
for the following purposes:
     (1) To pay for providing treatment for
individuals who enter diversion agreements under ORS 813.200 and who are found
to be indigent. Payment for treatment under this subsection may include
treatment for problem drinking, alcoholism or drug dependency. Payment shall be
made as provided by the Director of Human Services by rule to agencies or organizations
providing treatment.
     (2) To pay for evaluation as provided by
law of programs used for diversion agreements.
     (3) To pay the cost of administration of
the fund by the Director of Human Services.
     (4) To pay for materials, resources and
training supplied by the Director of Human Services to those persons,
organizations or agencies performing the diagnostic assessments or providing
education or treatment to persons under diversion agreements.
     (5) To pay for providing treatment
programs required under ORS 813.020 and treatment or information programs
required under ORS 471.432 for individuals who are found to be indigent.
     (6) To pay for special services required
to enable a person with a disability, or a person whose proficiency in the use
of English is limited because of the personÂ’s national origin, to participate
in treatment programs that are used for diversion agreements under ORS 813.200
or are required under ORS 813.020. This subsection applies:
     (a) Whether or not the person is indigent;
and
     (b) Only to special services required
solely because of the personÂ’s disability or limited proficiency in the use of
English. [1983 c.338 §141; 1985 c.16 §42; 1989 c.576 §10; 1991 c.557 §8; 1993
c.757 §1; 1999 c.126 §6; 1999 c.646 §5a; 2007 c.70 §343]
EVIDENCE
     813.300
Use of blood alcohol percentage as evidence; percentage required for being
under the influence. (1) At
the trial of any civil or criminal action, suit or proceeding arising out of
the acts committed by a person driving a motor vehicle while under the
influence of intoxicants, if the amount of alcohol in the personÂ’s blood at the
time alleged is less than 0.08 percent by weight of alcohol as shown by
chemical analysis of the personÂ’s breath or blood, it is indirect evidence that
may be used with other evidence, if any, to determine whether or not the person
was then under the influence of intoxicants.
     (2) Not less than 0.08 percent by weight
of alcohol in a personÂ’s blood constitutes being under the influence of
intoxicating liquor.
     (3) Notwithstanding subsection (2) of this
section, for purposes of the Motorist Implied Consent Law as defined in ORS
801.010, for a person who is under 21 years of age, any amount of alcohol in
the blood constitutes being under the influence of intoxicating liquor.
     (4) Percent by weight of alcohol in the
blood shall be based upon grams of alcohol per one hundred cubic centimeters of
blood. [1983 c.338 §590; 1985 c.16 §297; 1989 c.715 §7; 1991 c.860 §8]
     813.310
Refusal to take chemical test admissible as evidence. If a person refuses to submit to a chemical
test under ORS 813.100 or refuses to consent to chemical tests under ORS
813.140, evidence of the personÂ’s refusal is admissible in any civil or
criminal action, suit or proceeding arising out of acts alleged to have been
committed while the person was driving a motor vehicle on premises open to the
public or the highways while under the influence of intoxicants. [1983 c.338 §595;
1985 c.16 §301]
     813.320
Effect of implied consent law on evidence. (1) The provisions of the implied consent law, except ORS 813.300,
shall not be construed by any court to limit the introduction of otherwise
competent, relevant evidence in any civil action, suit or proceedings or in any
criminal action other than a violation of ORS 813.010 or a similar municipal
ordinance in proceedings under ORS 813.410.
     (2) The provisions of the implied consent
law shall not be construed by any court to limit the introduction of otherwise
competent, relevant evidence of the amount of alcohol in the blood of a
defendant in a prosecution for driving while under the influence of intoxicants
if:
     (a) The evidence results from a test of
blood taken from the defendant while the defendant was hospitalized or
otherwise receiving medical care, whether or not the defendant consented to the
drawing of blood or to the test; or
     (b) The evidence is obtained pursuant to a
search warrant. [1983 c.338 §596; 1985 c.16 §302; 1999 c.437 §1]
     813.322
Department of State Police rules regarding breath tests as evidence; validity
of officerÂ’s permit. (1) A
court shall, at the request of a party to the case, admit into evidence,
without certification, a copy of administrative rules of the Department of
State Police addressing methods of conducting chemical tests of a personÂ’s
breath in a proceeding arising from the arrest of a person for driving while
under the influence of intoxicants.
     (2) If a police officer testifies in a
proceeding arising from the arrest of a person for driving while under the
influence of intoxicants that the officer has a valid permit to perform
analysis of a personÂ’s breath, the defendant has the burden of moving forward
with evidence to show that the officer does not have a valid permit. [1999
c.446 §2]
     Note: 813.322 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 813
or any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.
     813.324
Use of testimony from implied consent hearing as evidence in prosecution. (1) If the prosecuting attorney or the
attorney for the defendant in a prosecution for driving while under the
influence of intoxicants obtains a tape or a transcript of a hearing held for
the defendant under ORS 813.410, the attorney must provide a copy of the tape
or transcript to the attorney for the other party at least seven days prior to
the first date set for trial. If the attorney fails to supply the material in
the time required, testimony from the hearing may not be admitted in evidence
in the trial for any purpose, unless the attorney shows good cause for the
failure to make the material available.
     (2) The cost of a copy of a tape or
transcript furnished under subsection (1) of this section shall be borne by the
party who receives the copy.
     (3) Nothing in this section requires a
tape to be transcribed by the attorney who is required to provide a tape or
transcript under subsection (1) of this section. [1999 c.831 §3]
     Note: 813.324 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     813.326
Felony driving while under the influence of intoxicants; prior convictions. (1) In a prosecution for felony driving
while under the influence of intoxicants under ORS 813.010, the state shall
plead the prior convictions and shall prove the prior convictions unless the
defendant stipulates to that fact prior to trial. If the defendant so
stipulates and the trial is by jury:
     (a) The court shall accept the stipulation
regardless of whether or not the state agrees to it;
     (b) The defendant’s stipulation to the
prior convictions constitutes a judicial admission to that element of the
accusatory instrument. The stipulation shall be made a part of the record of
the case, but shall not be offered or received in the presence of the jury;
     (c) For the purpose of establishing the
prior convictions solely as an element of the crime under ORS 813.010, neither
the court nor the state shall reveal to the jury the prior convictions, but the
prior convictions are established in the record by the defendantÂ’s stipulation;
and
     (d) The court shall not submit the
accusatory instrument or evidence of the prior convictions to the jury.
     (2) In a proceeding under ORS 813.010, the
state may offer, and the court may receive and submit to the jury, evidence of
the prior convictions for impeachment of the defendant or another purpose,
other than establishing the prior convictions as an element of the offense,
when the evidence of the prior convictions is otherwise admissible for that
purpose. When evidence of the prior convictions has been admitted by the court,
the state may comment upon, and the court may give instructions about, the
evidence of the prior convictions only to the extent that the comments or
instructions relate to the purpose for which the evidence was admitted.
     (3) When the defendant stipulates to the
prior convictions required as an element of felony driving while under the
influence of intoxicants under ORS 813.010, if the jury finds the defendant
guilty upon instruction regarding the balance of the elements of the crime, the
court shall enter a judgment of guilty of felony driving while under the
influence of intoxicants. [1999 c.1049 §5]
     Note: 813.326 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     813.328
Notice of intent to challenge validity of prior convictions. A defendant who challenges the validity of
prior convictions alleged by the state as an element of felony driving while
under the influence of intoxicants must give notice of the intent to challenge
the validity of the prior convictions at least seven days prior to the first
date set for trial on the felony charge. The validity of the prior convictions
shall be determined prior to trial by the court. [1999 c.1049 §4]
SUSPENSION
(For
Conviction)
     813.400
Suspension or revocation upon conviction; duration; review. (1) Except as provided in subsection (2) of
this section, upon receipt of a record of conviction for misdemeanor driving while
under the influence of intoxicants, the Department of Transportation shall
suspend the driving privileges of the person convicted. The suspension shall be
for a period described under Schedule II of ORS 809.428, except the department
shall not reinstate any driving privileges to the person until the person
complies with future responsibility filings. A person is entitled to
administrative review under ORS 809.440 of a suspension imposed under this
subsection.
     (2) A person convicted of felony driving while
under the influence of intoxicants, or a person convicted of misdemeanor
driving while under the influence of intoxicants for a third or subsequent
time, is subject to revocation of driving privileges as provided in ORS
809.235. [1983 c.338 §353(8); 1985 c.16 §166(8); 1985 c.393 §10a(8); 1985 c.669
§2a(8); 1991 c.702 §13; 2001 c.786 §3; 2003 c.346 §1; 2003 c.402 §40; 2005
c.436 §2]
(Of
Commercial Driver License)
     813.403
Suspension of commercial driver license upon conviction; review. Driving a commercial motor vehicle upon any
highway or on premises open to the public while under the influence of
intoxicants constitutes grounds for commercial driver license suspension. The
following apply to this section:
     (1) Upon receipt of a record of conviction
for driving while under the influence of intoxicants, the Department of
Transportation shall suspend the personÂ’s commercial driver license if the
person was driving a commercial motor vehicle at the time the person committed
the offense.
     (2) The suspension shall be for a period
described under ORS 813.404.
     (3) A person is entitled to administrative
review under ORS 809.440 of a suspension imposed under this section.
     (4) Suspension under this section is in
addition to any suspension under ORS 813.400. [1989 c.636 §40; 1991 c.702 §14;
2003 c.402 §41]
     813.404
Duration of suspension of commercial driver license. When the Department of Transportation
imposes a suspension of a commercial driver license under ORS 813.403 or
813.410 (2), or when the department imposes a suspension of a commercial driver
license under ORS 809.413 (11) or (12) for conduct in another jurisdiction that
is substantially similar to that described in either ORS 813.403 or 813.410
(2), the suspension shall be:
     (1) For a period of one year if:
     (a) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404;
     (b) The person was not driving a
commercial motor vehicle containing a hazardous material at the time of the
offense; and
     (c) The suspension is either because the
person was convicted under ORS 813.010 or because a breath or blood test under
ORS 813.100 disclosed that the person had a level of alcohol in the personÂ’s
blood that was 0.04 percent or more by weight.
     (2) For a period of three years if:
     (a) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404;
     (b) The person was not driving a
commercial motor vehicle containing a hazardous material at the time of the
offense; and
     (c) The suspension is for refusal of a
test under ORS 813.100.
     (3) For a period of three years if:
     (a) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404;
     (b) The person was driving a commercial
motor vehicle containing a hazardous material at the time of the offense; and
     (c) The suspension is either because the
person was convicted under ORS 813.010 or because a breath or blood test under
ORS 813.100 disclosed that the person had a level of alcohol in the personÂ’s
blood that was 0.04 percent or more by weight.
     (4) For a period of five years if:
     (a) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404;
     (b) The person was driving a commercial
motor vehicle containing a hazardous material at the time of the offense; and
     (c) The suspension is for refusal of a
test under ORS 813.100.
     (5) For the lifetime of the person if the
person has previously been convicted of an offense described in ORS 809.404 or
had a commercial driver license suspended as described in ORS 809.404. [1989
c.636 §41; 1991 c.185 §16; 1993 c.305 §5; 1995 c.568 §5; 2003 c.402 §42; 2005
c.649 §25]
     Note: Section 26, chapter 649, Oregon Laws 2005,
provides:
     Sec.
26. The amendments to ORS
813.404 by section 25 of this 2005 Act apply to:
     (1) Offenses committed before, on or after
the effective date of this 2005 Act [July 27, 2005] for suspensions imposed as
provided under ORS 813.404 (1) to (4).
     (2) Offenses committed before, on or after
the effective date of this 2005 Act for suspensions imposed as provided under
ORS 813.404 (5) if:
     (a) The person has two or more previous
records of conviction or suspensions as described in section 13 of this 2005
Act [809.404];
     (b) The records of conviction or
suspensions described in paragraph (a) of this subsection resulted from the
operation of a commercial motor vehicle; and
     (c) None of the offenses described in
paragraph (a) of this subsection was an offense described in section 13 (2)(f)
of this 2005 Act [809.404 (2)(f)].
     (3) Offenses committed on or after the
effective date of this 2005 Act for suspensions imposed under ORS 813.404 (5)
if the offense is not an offense described in subsection (2) of this section.
[2005 c.649 §26]
(Under
Implied Consent Law)
     813.410
Suspension upon receipt of police report on implied consent test; hearing;
validity of suspension; appeal.
(1) If the Department of Transportation receives from a police officer a report
that is in substantial compliance with ORS 813.120, the department shall
suspend the driving privileges of the person in this state on the 30th day
after the date of arrest or, if the report indicates that the person failed a
blood test, on the 60th day after receipt of the report, unless, at a hearing
described under this section, the department determines that the suspension
would not be valid as described in this section. A suspension of driving
privileges imposed under this subsection shall be for a period of time
established under ORS 813.420.
     (2) If the department receives from a
police officer a report pursuant to ORS 813.120 that discloses that the person
holds a commercial driver license and that the person was driving a motor
vehicle or commercial motor vehicle and refused to submit to a test under ORS
813.100 or that the person was driving a commercial motor vehicle and submitted
to a breath or blood test and the personÂ’s blood, as shown by the test, had
0.04 percent or more by weight of alcohol, the department shall suspend the
personÂ’s commercial driver license on the 30th day after the date of arrest or,
if the report indicates that the person failed a blood test, on the 60th day
after receipt of the report, unless, at a hearing described under this section,
the department determines that the suspension would not be valid as described
in this section. A commercial driver license suspension imposed under this
subsection shall be for a period of time established under ORS 813.404.
     (3) If within 10 days from the date of
arrest, or, if the person fails a blood test, within 10 days from the date the
department sends notice of suspension, the department receives a written
request for a hearing from a person whose driving privileges or commercial
driver license the department proposes to suspend under this section, the
department shall provide a hearing in accordance with this section. Except as
otherwise provided under this section, a hearing held by the department under
this section shall be subject to the provisions for contested cases, other than
appeal provisions, under ORS chapter 183. The applicable appeal provisions are
as provided under ORS 813.450 and section 24, chapter 672,
     (4) A hearing required by this section is
subject to all of the following:
     (a) The hearing shall be before an
administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605.
     (b) Unless there is an agreement between
the person and the department that the hearing be conducted elsewhere, the
hearing shall be held either in the county where the alleged offense occurred
or at any place within 100 miles of the place where the offense is alleged to
have occurred, as established by the department by rule.
     (c) The department may authorize the
administrative law judge to issue a final order in any case.
     (d) A person who requests a hearing under
this section and who fails, without just cause, to appear in person or through
an attorney waives the right to a hearing. If a person waives a right to a
hearing under this paragraph, the department is not required to make any
showing at hearing.
     (e) Except as provided in ORS 813.440 or
upon remand under ORS 813.450, the department shall hold the hearing and issue
a final order within 30 days of the date of the arrest or, if the person fails
a blood test, within 60 days from the date the department received the report
of the failure.
     (f) In connection with the hearing, the
department or its authorized representative may administer oaths and shall
issue subpoenas for the attendance of witnesses at the hearing requested by the
person or the department and the production of relevant documents.
     (g) The hearing shall be recorded by
whatever means may be determined by the department and shall include testimony
and exhibits, if any. The record of the proceedings shall not be transcribed
unless requested by a party to the proceeding.
     (5) This subsection shall be narrowly construed
so as to effect the legislative purpose of limiting the scope of hearings under
this section. The scope of a hearing under this section shall be limited to
whether the suspension is valid as described in this subsection. A suspension
under this section is valid if all of the following requirements have been met:
     (a) The person, at the time the person was
requested to submit to a test under ORS 813.100, was under arrest for driving
while under the influence of intoxicants in violation of ORS 813.010 or a
municipal ordinance.
     (b) The police had reasonable grounds to
believe, at the time the request was made, that the person arrested had been
driving under the influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance.
     (c) The person refused a test under ORS
813.100, or took a breath or blood test and the test disclosed that the level
of alcohol in the personÂ’s blood at the time of the test was:
     (A) 0.08 percent or more by weight if the
person was not driving a commercial motor vehicle;
     (B) 0.04 percent or more by weight if the
person was driving a commercial motor vehicle; or
     (C) Any amount if the person was under 21
years of age.
     (d) If the report under ORS 813.120
indicates that the person was driving a commercial motor vehicle, the vehicle
was in fact a commercial motor vehicle as defined in ORS 801.208.
     (e) The person had been informed under ORS
813.100 of rights and consequences as described under ORS 813.130.
     (f) The person was given written notice
required under ORS 813.100.
     (g) If the person arrested submitted to a
test under ORS 813.100, the person administering the test was qualified to
administer the test under ORS 813.160.
     (h) If the person arrested submitted to a
test under ORS 813.100, the methods, procedures and equipment used in the test
complied with requirements under ORS 813.160.
     (6) A suspension imposed under this
section shall remain in effect pending any appeal or remand of a final order
issued under this section and there shall be no stay of the suspension pending
appeal or remand.
     (7) Unless a person fails, without just
cause, to appear in person or through an attorney at a hearing requested under
this section, a person shall have the right to appeal any final order by the
department after a hearing under this section by filing a petition. The
following apply to this subsection:
     (a) The person shall file the petition in
the circuit court for the county where the person resides or, if the person
does not reside in
     (b) The court upon receipt of the petition
shall set the matter for hearing upon 10 daysÂ’ notice to the department and the
petitioner unless hearing is waived by both the department and the petitioner. [1983
c.338 §358; 1985 c.16 §167; 1985 c.672 §13; 1987 c.158 §170; 1989 c.636 §44;
1991 c.860 §11; 1993 c.305 §6; 1993 c.600 §1; 1995 c.568 §6; 1999 c.831 §2;
1999 c.849 §§193,194; 2003 c.75 §67; 2005 c.649 §27; 2007 c.288 §18]
     813.412
Role of peace officer in implied consent hearing. Notwithstanding ORS 9.160 and 9.320, in any
hearing under ORS 813.410 in which a city attorney or district attorney does
not appear, the peace officer who issued the citation for the offense may
present evidence, examine and cross-examine witnesses and make arguments
relating to:
     (1) The application of statutes and rules
to the facts in the case;
     (2) The literal meaning of the statutes or
rules at issue in the case;
     (3) The admissibility of evidence; and
     (4) Proper procedures to be used in the
hearing. [1999 c.831 §4]
     Note: 813.412 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     813.420
Duration of suspension for refusal or failure of test. When the Department of Transportation
imposes a suspension under ORS 813.410, the suspension shall be for a period of
time determined according to the following:
     (1) If the suspension is for refusal of a
test under ORS 813.100 and the person is not subject to an increase in the
suspension time for reasons described in ORS 813.430, the suspension shall be
for a period of one year.
     (2) If the suspension is for refusal of a
test under ORS 813.100 and the person is subject to an increase in the
suspension time for reasons described in ORS 813.430, the suspension shall be
for a period of three years.
     (3) If the suspension is because a breath
or blood test under ORS 813.100 disclosed that the person had a level of
alcohol in the personÂ’s blood that constituted being under the influence of
intoxicating liquor under ORS 813.300 and the person is not subject to an
increase in the suspension time for reasons described in ORS 813.430, the
suspension shall be for a period of 90 days.
     (4) If the suspension is because a breath
or blood test under ORS 813.100 disclosed that the person had a level of
alcohol in the personÂ’s blood that constituted being under the influence of
intoxicating liquor under ORS 813.300 and the person is subject to an increase
in the suspension time for reasons described in ORS 813.430, the suspension
shall be for a period of one year. [1985 c.16 §171; 1993 c.305 §7; 1995 c.568 §7]
     813.430
Grounds for increase in duration of suspension. This section establishes circumstances under
which ORS 813.420 requires an increase in the time for suspension of driving
privileges and under which ORS 813.520 requires an increase in the time before
the Department of Transportation may issue a hardship permit. A person is
subject to an increase in suspension time under this section if any of the
following apply:
     (1) The person is presently participating
in a driving while under the influence of intoxicants diversion program in this
state or in any similar alcohol or drug rehabilitation program in this or
another jurisdiction.
     (2) Within the five years preceding the
date of arrest any of the following occurred:
     (a) A suspension of the person’s driving
privileges under ORS 813.410 or 482.540 (1981 Replacement Part) became
effective.
     (b) The person was convicted of:
     (A) Driving while under the influence of
intoxicants in violation of:
     (i) ORS 813.010;
     (ii) The statutory counterpart to ORS
813.010 in another jurisdiction; or
     (iii) A municipal ordinance in this state
or another jurisdiction;
     (B) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
of a vehicle due to the use of intoxicating liquor, a controlled substance, an
inhalant or any combination thereof; or
     (C) A driving offense in another
jurisdiction that involved operating a vehicle while having a blood alcohol
content above that jurisdictionÂ’s permissible blood alcohol content.
     (c) The person commenced participating in
a driving while under the influence of intoxicants diversion program in this
state or in any similar alcohol or drug rehabilitation program in this or
another jurisdiction.
     (3) For the purposes of subsection (2)(b)
of this section, a conviction for a driving offense in another jurisdiction
based solely on a person under 21 years of age having a blood alcohol content
that is lower than the permissible blood alcohol content in that jurisdiction
for a person 21 years of age or older does not constitute a prior conviction. [1985
c.16 §173; 1985 c.672 §15; 1987 c.801 §12; 2007 c.879 §8]
     813.440
Grounds for hearing on validity of suspension; rules. (1) Notwithstanding ORS 813.410, the
Department of Transportation may provide a hearing to determine the validity of
a suspension under ORS 813.410 only if the time requirements under ORS 813.410
could not be met because of any of the following:
     (a) The person’s physical incapacity, verified
by a physician to the satisfaction of the department to be of a nature that
would prevent the person from making the appropriate request or attending the
hearing.
     (b) A death in the immediate family of the
person, verified to the satisfaction of the department.
     (c) An error of the department.
     (d) The inability of a subpoenaed police
officer to appear due to the officerÂ’s illness, vacation or official duty
conflicts. The department shall set forth by rule the conditions that
constitute “official duty conflicts.” A hearing may not be rescheduled more
than once for reasons described in this paragraph.
     (e) A request for a change of
administrative law judge under ORS 183.645.
     (f) Other just cause as defined by the
department by administrative rule.
     (2) A hearing held under this section is
subject to the same provisions as a hearing held under ORS 813.410, except that
the department is not required to hold the hearing and make the determination
within the time required by ORS 813.410.
     (3) The granting of a hearing under this
section shall not delay the imposition of a suspension under ORS 813.410 within
the time required under ORS 813.410. However, if a person establishes that the
person was deprived by either department error or a subpoenaed police officerÂ’s
illness, vacation or official duty conflicts of an opportunity to appear at a
hearing, the department shall rescind the suspension and shall promptly
schedule a subsequent hearing to determine the validity of the suspension under
ORS 813.410. In other cases under this section, when the department is unable
to hold the hearing within the time required by ORS 813.410, the department
shall rescind any suspension imposed under ORS 813.410 only if the department
determines, at a hearing held under this section, that the suspension was not
valid as described under ORS 813.410.
     (4) The following apply to this section:
     (a) The department shall issue a final
order within 10 days after the hearing described in this section.
     (b) If the department has rescinded a
suspension under subsection (3) of this section and if the department, at the
hearing described in this section, determines that the suspension is valid as
described under ORS 813.410, the department shall reinstate the suspension
effective five days after the final order is issued.
     (c) Notwithstanding ORS 809.430, no
additional notice or order of suspension need be given. [1985 c.16 §169; 1985
c.672 §14; 1987 c.272 §5; 1993 c.600 §2; 1999 c.831 §1; 2001 c.294 §§9,10; 2003
c.75 §68]
     813.450
Appeal from suspension for refusal or failure of breath test. (1) The petition to the circuit court
appealing an order of the Department of Transportation after a hearing under
ORS 813.410 shall state the nature of the petitionerÂ’s interest and the ground
or grounds upon which the petitioner contends the order should be reversed or
remanded.
     (2) The court shall conduct the review
without a jury. Review shall be limited to the record of the departmentÂ’s
hearing.
     (3) Any party to the proceedings before
the circuit court may appeal from the judgment of the court to the Court of
Appeals.
     (4) Upon review in the circuit court and
Court of Appeals, the court may affirm, reverse or remand the order as follows:
     (a) If the court finds that the department
has erroneously interpreted a provision of law and that a correct
interpretation compels a particular action, it shall:
     (A) Set aside or modify the order; or
     (B) Remand the case to the department for
further action under a correct interpretation of the provision of law.
     (b) The court shall remand the order to
the department if it finds the departmentÂ’s exercise of discretion to be any of
the following:
     (A) Outside the range of discretion
delegated to the agency by law.
     (B) Inconsistent with a department rule,
an officially stated department position, or a prior department practice, if
the inconsistency is not explained by the department.
     (C) Otherwise in violation of a
constitutional or statutory provision.
     (c) The court shall set aside or remand
the order if it finds that the order is not supported by substantial evidence
in the record.
     (5) Upon review, the court shall affirm
the departmentÂ’s order unless the court finds a ground for setting aside,
modifying or remanding to the department under a specified provision of this
section.
     (6) In any review under this section, the
court shall also review de novo determinations made by an agency that are
subject to ORS 183.650 (4). [1985 c.672 §23; 1999 c.849 §§196,197; 2003 c.75 §69]
     813.460
Department procedures upon verification of suspension of driving privileges of
wrong person. If the
Department of Transportation verifies to its satisfaction that it has suspended
the driving privileges of the wrong person under ORS 813.410 because a person
arrested for driving under the influence of intoxicants gave false
identification at the time of the arrest, all the following apply:
     (1) The department shall immediately
rescind the suspension order under the false name and shall issue a suspension
order for the period set forth in ORS 813.420 to the person arrested.
     (2) The department shall issue the order
in the manner set forth in ORS 809.430.
     (3) No further notice of suspension need
be given.
     (4) The time limitations in ORS 813.410
(1), (2), (3) and (4)(e) do not apply to a suspension order issued under this
section. [1985 c.672 §25; 1989 c.636 §47]
     813.470
Department notation on record of person acquitted after suspension. The Department of Transportation shall make
a notation on the driving record of a person indicating that the person was
acquitted of a charge of driving under the influence of intoxicants if:
     (1) The person’s driving privileges were
suspended because a breath or blood test under ORS 813.100 disclosed that the
person had a level of alcohol in the personÂ’s blood that constituted being
under the influence of intoxicating liquor under ORS 813.300;
     (2) An accusatory instrument was filed
charging the person with driving under the influence of intoxicants in
violation of ORS 813.010 arising out of the same incident that led to the
suspension of the personÂ’s driving privileges;
     (3) The person was acquitted of the
charge; and
     (4) The person presents the department
with a certified copy of the judgment of acquittal from the court clearly
showing the location of the court, the date of the arrest and the findings of
the court. [1987 c.303 §2; 1993 c.305 §8; 1995 c.568 §8]
HARDSHIP
PERMITS
     813.500
Restrictions on issuance.
(1) If a personÂ’s license is suspended for driving while under the influence of
intoxicants under ORS 813.400 and the suspension period is determined by ORS
809.428 (2)(b) or (c), the Department of Transportation may only issue a
hardship permit to the person under ORS 807.240 if the person, in addition to
any requirement under ORS 807.240 and any applicable requirements under ORS
807.250 and 813.520:
     (a) Is examined by the Director of Human
Services or its designee to determine whether the person has a problem
condition involving alcohol, inhalants or controlled substances as described in
ORS 813.040; and
     (b) Complies with the requirements of this
section.
     (2) If the Director of Human Services
determines that the person has a problem condition involving alcohol, inhalants
or controlled substances, as described in ORS 813.040, the department may issue
the permit to the person only if both the following apply:
     (a) The person enrolled in a program for
rehabilitation for alcoholism or drug dependence approved by the Director of
Human Services.
     (b) The Director of Human Services
recommends, on the basis of the personÂ’s progress in the rehabilitation
program, such reinstatement in writing to the department. If the Director of
Human Services makes a recommendation under this paragraph, the Director of
Human Services shall state specifically in the recommendation the times,
places, routes and days of the week minimally necessary for the person to seek
or retain employment, to attend any alcohol or drug treatment or rehabilitation
program or to obtain necessary medical treatment for the person or a member of
the personÂ’s immediate family.
     (3) If the Director of Human Services
determines that the person does not have a problem condition involving alcohol,
inhalants or controlled substances as described in ORS 813.040, the department
may issue the permit to the person only if, in addition to any requirements
under ORS 807.240, the person enters an alcohol or drug information program
approved by the Director of Human Services and the department determines that
issuance of a permit is appropriate. If the department issues a permit to a
person described in this subsection, the department shall require, under ORS
807.240, that the person complete the program as a condition of retaining the
permit. [1983 c.338 §328; 1985 c.16 §145; 1987 c.801 §13; 1989 c.401 §2; 1991
c.557 §9; 1999 c.619 §13; 2003 c.23 §4]
     813.510
Limitations on privileges granted by permit; conditions of permit. This section establishes limitations that
the Department of Transportation is required or permitted to place on hardship
permits issued under ORS 807.240 to persons whose suspension is based upon a
conviction for driving under the influence of intoxicants or upon ORS 813.100.
Limitations placed on a hardship permit under this section are in addition to
any limitations placed on the permit under ORS 807.240. A personÂ’s permit is
subject to suspension or revocation as provided under ORS 807.240 if the
department determines that the holder of the permit has violated any limitation
placed upon the permit under this section. Violation of a limitation under this
section is punishable as provided by ORS 811.175 or 811.182. The limitations
are as described in the following:
     (1) A hardship permit issued to the person
shall limit the personÂ’s driving privileges:
     (a) To the times, places, routes and days
the department determines to be minimally necessary for the person to seek or
retain employment, to attend any alcohol or drug treatment or rehabilitation
program or to obtain required medical treatment for the person or a member of
the personÂ’s immediate family; and
     (b) To times, places, routes and days that
are specifically stated.
     (2) The person’s driving privileges under
the permit are subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative rules of the
department, during the term of the permit.
     (3) If the person is in a rehabilitation
program under ORS 813.500, the person must complete the rehabilitation program.
     (4) The department may require the person
to complete a driver improvement program under ORS 809.480 as a condition of
the permit.
     (5) If the person is involved in a
diversion agreement under ORS 813.220 and 813.230, the department may require
the person to successfully complete the diversion program as a condition of retaining
the permit.
     (6) The department shall condition the
permit so that the permit will be revoked if the person is convicted of any of
the following:
     (a) Reckless driving under ORS 811.140.
     (b) Driving under the influence of
intoxicants under ORS 813.010.
     (c) Failure to perform the duties of a
driver under ORS 811.700 or 811.705.
     (d) Fleeing or attempting to elude a
police officer under ORS 811.540.
     (e) Driving while suspended or revoked
under ORS 811.175 or 811.182. [1983 c.338 §329; 1985 c.16 §146; 1987 c.730 §21;
1987 c.801 §14; 1991 c.208 §5; 2003 c.23 §5]
     813.520
Limitations on authority to issue hardship permit or reinstate driving
privileges. In addition to
any provisions of ORS 807.240 and 813.510 or 807.250, this section establishes
limitations on the authority of the Department of Transportation to issue
driving privileges under ORS 807.240. The department may not reinstate any
driving privileges or issue any hardship permit under ORS 807.240 as provided
under any of the following:
     (1) For a period of 90 days after the
beginning of the suspension if the suspension is for refusal of a test under
ORS 813.100 and the person is not subject to an increase in the time before a
permit may be issued for reasons described in ORS 813.430. This period of 90
days shall be reduced by the time the department refused to issue a hardship
permit under subsection (5) or (6) of this section if the personÂ’s driving
privileges were suspended based on the same occurrence.
     (2) For a period of 30 days after the
beginning of the suspension if the suspension is because a breath or blood test
under ORS 813.100 disclosed that the person had a level of alcohol in the
personÂ’s blood that constituted being under the influence of intoxicating
liquor under ORS 813.300 and the person is not subject to an increase in the
time before a hardship permit may be issued for reasons described in ORS
813.430. This period of 30 days shall be reduced by the time the department
refused to issue a hardship permit under subsection (5) or (6) of this section
if the personÂ’s driving privileges were suspended based on the same occurrence.
     (3) For a period of one year after the
beginning of the suspension if the suspension is because a breath or blood test
under ORS 813.100 disclosed that the person had a level of alcohol in the
personÂ’s blood that constituted being under the influence of intoxicating
liquor under ORS 813.300 and the person is subject to an increase in the time
before a hardship permit may be issued for reasons described under ORS 813.430.
This period of one year shall be reduced by the time the department refused to
issue a hardship permit under subsection (5) or (6) of this section if the
personÂ’s driving privileges were suspended based on the same occurrence.
     (4) For a period of one year after the
beginning of the suspension if the suspension is for refusal of a test under
ORS 813.100 and the person is subject to an increase in the time before a
hardship permit may be issued for reasons described in ORS 813.430. This period
of one year shall be reduced by the time the department refused to issue a
hardship permit under subsection (5) or (6) of this section if the personÂ’s
driving privileges were suspended based on the same occurrence.
     (5) For a period of 90 days after the beginning
of the suspension under ORS 813.400 if it is the personÂ’s second conviction for
driving while under the influence of intoxicants if the suspension period is
determined by ORS 809.428 (2)(b). This period of 90 days shall be reduced by
the time the department refused to issue a hardship permit under subsection
(1), (2), (3) or (4) of this section if the personÂ’s driving privileges were
suspended based on the same occurrence.
     (6) For a period of one year after the
beginning of the suspension under ORS 813.400 for driving while under the
influence of intoxicants if the suspension period is determined by ORS 809.428
(2)(c). This period of one year shall be reduced by the time the department
refused to issue a hardship permit under subsection (1), (2), (3) or (4) of
this section if the personÂ’s driving privileges were suspended based on the
same occurrence.
     (7) To any person who has a mental or
physical condition or impairment that affects the personÂ’s ability to safely
operate a motor vehicle.
     (8) If the suspension is based upon a
conviction for a violation of ORS 813.010 or is imposed under ORS 813.410 based
upon ORS 813.100 to a person who has available public or private transportation
sufficient to fulfill the personÂ’s transportation needs while the person is
suspended.
     (9) For a period of 30 days following
imposition of suspension, if the person, within the previous year, has been
convicted of a traffic crime and the suspension is based upon a conviction for
violation of ORS 813.010 or is imposed under ORS 813.410 based upon ORS
813.100. [1985 c.16 §148; 1985 c.672 §16; 1987 c.673 §1a; 1987 c.801 §15; 1989
c.224 §141; 1989 c.401 §3; 1993 c.305 §9; 1995 c.568 §9; 1999 c.1051 §91; 2005
c.140 §5]
IGNITION
INTERLOCK DEVICES
     813.600
Ignition interlock program; rules. (1) The Department of Transportation, in consultation with the
Transportation Safety Committee, shall establish a program for the use of
ignition interlock devices by persons convicted of driving under the influence
of intoxicants and granted hardship permits under ORS 807.240.
     (2) The department shall adopt rules that
specify requirements for ignition interlock devices that may be used and shall
publish a list of devices that meet the requirements. The list may include
devices that:
     (a) Do not impede the safe operation of
the vehicle;
     (b) Have the fewest opportunities to be
bypassed;
     (c) Correlate well with established
measures of alcohol impairment;
     (d) Work accurately and reliably in an
unsupervised environment;
     (e) Require a deep lung breath sample or
other accurate measure of blood alcohol content equivalence;
     (f) Resist tampering and give evidence if
tampering is attempted;
     (g) Are difficult to circumvent, and
require premeditation to do so;
     (h) Minimize inconvenience to a sober
user;
     (i) Operate reliably over the range of
automobile environments or automobile manufacturing standards;
     (j) Are manufactured by a party who is
adequately insured for product liability; and
     (k) Have a label affixed in a prominent
location warning that any person tampering with, circumventing or otherwise
misusing the device is subject to civil penalty. [1987 c.746 §1; 1991 c.453 §14;
1993 c.382 §2]
     813.602
Circumstances under which ignition interlock device required; costs; failure to
install; penalty; exemptions; rules. (1) When a person is convicted of driving while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal ordinance, the
Department of Transportation, in addition to any other requirement, shall
require that an approved ignition interlock device be installed and used in any
vehicle operated by the person:
     (a) Before the person is eligible for a
hardship permit. The requirement is a condition of the hardship permit for the
duration of the hardship permit.
     (b) For a first conviction, for one year
after the ending date of the suspension or revocation caused by the conviction.
Violation of the condition imposed under this paragraph is a Class A traffic
violation.
     (c) For a second or subsequent conviction,
for two years after the ending date of the suspension or revocation caused by
the conviction. Violation of the condition imposed under this paragraph is a
Class A traffic violation.
     (2) If the court determines that approved
ignition interlock devices are reasonably available, the court may require as a
condition of a driving while under the influence of intoxicants diversion
agreement that an approved ignition interlock device be installed in any
vehicle operated by the person. Courts may not exercise authority under this
subsection during any period the courts have notice from the Office of Economic
Analysis of the Oregon Department of Administrative Services that there are not
sufficient moneys in the Intoxicated Driver Program Fund to pay the costs under
subsection (4) of this section. The Office of Economic Analysis of the Oregon
Department of Administrative Services may not issue any notice under this
subsection if federal funds are available to pay the cost of the interlock
devices for indigents and costs of analysis of the use of interlock devices.
     (3) Except as provided in subsection (4)
of this section, if an ignition interlock system is ordered or required under
subsection (1) or (2) of this section, the person so ordered or required shall
pay to the provider the reasonable costs of leasing, installing and maintaining
the device. A payment schedule may be established for the person by the
department.
     (4) The department may waive, in whole or
in part, or defer the defendantÂ’s responsibility to pay all or part of the
costs under subsection (3) of this section if the defendant meets the criteria
for indigence established for waiving or deferring such costs under subsection
(5) of this section. If the defendantÂ’s responsibility for costs is waived,
then notwithstanding ORS 813.270, the costs described in subsection (3) of this
section must be paid from the Intoxicated Driver Program Fund.
     (5) The department, by rule, shall
establish criteria and procedures it will use for qualification to waive or
defer costs described under subsection (3) of this section for indigence. The
criteria must be consistent with the standards for indigence adopted by the
federal government for purposes of the food stamp program.
     (6) At the end of the suspension or
revocation resulting from the conviction, the department shall suspend the
driving privileges or right to apply for driving privileges of a person who has
not submitted proof to the department that an ignition interlock device has
been installed or who tampers with an ignition interlock device after it has
been installed. If the suspension is for failing to submit proof of
installation, the suspension continues until the department receives proof that
the ignition interlock device has been installed or until one year after the
ending date of the suspension resulting from the first conviction or two years
after the ending date of the suspension resulting from a second or subsequent
conviction, whichever comes first. If the suspension is for tampering with an
ignition interlock device, the suspension continues until one year after the
ending date of the suspension resulting from the first conviction or two years
after the ending date of the suspension resulting from a second or subsequent
conviction. A person whose driving privileges or right to apply for privileges
is suspended under this subsection is entitled to administrative review, as
described in ORS 809.440, of the action.
     (7) The department shall adopt rules
permitting medical exemptions from the requirements of installation and use of
an ignition interlock device under subsection (1) of this section. [1987 c.746 §2;
1989 c.576 §1; 1991 c.453 §15; 1993 c.382 §3; 1993 c.627 §6; 1999 c.770 §7;
2001 c.786 §4; 2003 c.26 §1; 2007 c.655 §1]
     813.604
Notice of court order; notation on hardship permit; rules. (1) When a court orders installation of an
ignition interlock device pursuant to ORS 813.602, the court shall send a copy
of the order to the Department of Transportation. The department shall note the
requirement on the driving record of the person required to install the device.
     (2) The department may not issue a
hardship permit under ORS 807.240 to any person who is ordered to install an
ignition interlock device on the personÂ’s vehicle until the person furnishes
the department satisfactory proof that the device has been installed on any
vehicle owned or operated by the person. The department shall determine by rule
what constitutes satisfactory proof under this subsection.
     (3) When the department issues a hardship
permit to a person who is required to have an ignition interlock device, the
department shall note on the permit that the device is required. The notation
constitutes a limitation on the permit and a person who violates the limitation
is punishable as provided in ORS 811.182 for criminal driving while suspended
or revoked. [1987 c.746 §3; 1989 c.398 §2; 1997 c.249 §235]
     813.606
Exception for employee otherwise required to have device. Notwithstanding ORS 813.604, if a person is
required, in the course and scope of the personÂ’s employment, to operate a
motor vehicle owned by the personÂ’s employer, the person may operate that
vehicle without installation of an ignition interlock device if:
     (1) The employer has been notified that
the employee is operating with a hardship permit restricted as provided in ORS
813.604 or the employee is operating on a fully reinstated license within the
first six months following suspension or revocation for driving while under the
influence of intoxicants; and
     (2) The employee has proof of the
notification or fully reinstated license in the possession of the employee
while operating the employerÂ’s vehicle in the course of employment. [1987 c.746
§4; 1999 c.770 §8; 2001 c.786 §5]
     813.608
Knowingly furnishing motor vehicle without ignition interlock device; penalty. (1) A person commits the offense of
knowingly furnishing a motor vehicle without an ignition interlock device to
someone who is not authorized to drive such a vehicle if the person rents,
leases, lends or otherwise furnishes a motor vehicle to someone the person
knows to have been ordered or required under ORS 813.602, to install an
ignition interlock device, and the motor vehicle is not equipped with such a
device that is in working order.
     (2) The offense described in this section,
knowingly furnishing a motor vehicle without an ignition interlock device to
someone who is not authorized to drive such a vehicle, is a Class A traffic
violation. [1987 c.746 §5; 1989 c.576 §2]
     813.610
Soliciting another to blow into ignition interlock device; penalty. (1) A person commits the offense of
unlawfully soliciting another to blow into an ignition interlock device or
start a motor vehicle equipped with an ignition interlock device if the person
has such a device as a result of an order or requirement under ORS 813.602 and
the person requests or solicits another to blow into the device or start the
motor vehicle so as to circumvent the device.
     (2) The offense described in this section,
unlawfully soliciting another to blow into an ignition interlock device or
start a motor vehicle equipped with an ignition interlock device, is a Class A
traffic violation. [1987 c.746 §6; 1989 c.576 §3]
     813.612
Unlawfully blowing into ignition interlock device; penalty. (1) A person commits the offense of
unlawfully blowing into an ignition interlock device or starting a motor
vehicle equipped with an ignition interlock device if, for the purpose of
providing an operable motor vehicle for someone required under ORS 813.602 to
have such a device, the person blows into an ignition interlock device or
starts an automobile equipped with the device.
     (2) This section does not apply to a
person who is required to have an ignition interlock device and who blows into
or starts the personÂ’s own vehicle that is so equipped.
     (3) The offense described in this section,
unlawfully blowing into an ignition interlock device or starting a motor
vehicle equipped with an ignition interlock device, is a Class A traffic
violation. [1987 c.746 §7]
     813.614
Tampering with ignition interlock device; penalty. (1) A person commits the offense of
tampering with an ignition interlock device if the person does anything to a
device that was ordered installed pursuant to ORS 813.602 that circumvents the
operation of the device.
     (2) The offense described in this section,
tampering with an ignition interlock device, is a Class A traffic violation. [1987
c.746 §9]
     813.616
Use of certain moneys to pay for ignition interlock program. Notwithstanding ORS 813.270, moneys in the
Intoxicated Driver Program Fund may be used to pay for administration and
evaluation of the ignition interlock program established by ORS 813.600 to
813.616 and for the costs of participation in the program for indigents. [1987
c.746 §8; 1993 c.382 §4]
_______________
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