Oregon Statutes - Chapter 813 - Driving Under the Influence of Intoxicants

• 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...
• 813.012   Crime classification for purposes of rules of Oregon Criminal Justice Commission.
  (1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.010 that is a felony as crime category 6 of the rules of...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 person’s refusal or failure to...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 813.210   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...
• 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...
• 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...
• 813.222   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...
• 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   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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 813.322   Department of State Police rules regarding breath tests as evidence; validity of officer’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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 813.500   Restrictions on issuance.
  (1) If a person’s license is suspended for driving while under the influence of intoxicants under ORS 813.400 and the suspension period is determined by...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 person’s employment, to operate a motor vehicle owned by the...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: August 7, 2008