ORS Chapter 813 - Oregon Statutes

Chapter 813 — DrivingUnder the Influence of Intoxicants

 

2009 EDITION

 

 

DRIVINGUNDER THE INFLUENCE OF INTOXICANTS

 

OREGONVEHICLE CODE

 

GENERALPROVISIONS

 

813.010     Drivingunder the influence of intoxicants; penalty

 

813.012     Crimeclassification for purposes of rules of Oregon Criminal Justice Commission

 

813.020     Feeto be paid on conviction; screening and treatment; mandatory imprisonment orcommunity service; attendance at victim impact treatment session; session fee

 

813.021     Requirementsfor screening interview and treatment program

 

813.025     Designationof agency to perform screening, diagnostic assessment and treatment;qualifications; rules

 

813.030     Amountof fee; distribution

 

813.040     Standardsfor determination of problem condition involving alcohol, inhalants orcontrolled substances

 

813.050     Out-of-serviceorders for operators of commercial motor vehicles; grounds; duration; rules;penalty

 

813.055     Civilpenalty for violation of out-of-service order or notice

 

IMPLIEDCONSENT

 

813.095     Offenseof refusal to take a test for intoxicants; penalty

 

813.100     Impliedconsent to breath or blood test; confiscation of license upon refusal orfailure of test

 

813.110     Temporarypermit upon confiscation of license

 

813.120     Policereport to department

 

813.130     Rightsof and consequences for person asked to take test

 

813.131     Impliedconsent to urine test; privacy; laboratories for analysis

 

813.132     Consequencesof refusing to take urine test; exception

 

813.135     Impliedconsent to field sobriety tests

 

813.136     Consequenceof refusal or failure to submit to field sobriety tests

 

CHEMICALTESTS; METHODS AND REQUIREMENTS

 

813.140     Chemicaltest with consent; unconscious person

 

813.150     Chemicaltest at request of arrested person

 

813.160     Methodsof conducting chemical analyses; duties of Department of State Police; reports;costs

 

PLEAAGREEMENT

 

813.170     Pleaagreement prohibited

 

DIVERSION

 

813.200     Noticeof availability of diversion; petition; form; contents

 

813.210     Petition;filing fee; diagnostic assessment fee; service on prosecutor; objection

 

813.215     Eligibilityfor diversion

 

813.220     Mattersto be considered by court in determining to allow diversion agreement; reasonsfor denial

 

813.222     Rightof victim to be present at hearing

 

813.225     Petitionfor extension of diversion period; conditions

 

813.230     Diversionagreement; record; duration; effect of denial

 

813.235     Attendanceat victim impact treatment session as condition of diversion; fee

 

813.240     Amountand distribution of filing fee; diagnostic assessment fee

 

813.250     Motionto dismiss charge on completion of diversion; admissibility of statements

 

813.255     Terminationof diversion

 

813.260     Designationof agencies to perform diagnostic assessments; duties of agency

 

813.270     IntoxicatedDriver Program Fund; creation; uses

 

EVIDENCE

 

813.300     Useof blood alcohol percentage as evidence; percentage required for being underthe influence

 

813.310     Refusalto take chemical test admissible as evidence

 

813.320     Effectof implied consent law on evidence

 

813.322     Departmentof State Police rules regarding breath tests as evidence; validity of officer’spermit

 

813.324     Useof testimony from implied consent hearing as evidence in prosecution

 

813.326     Felonydriving while under the influence of intoxicants; prior convictions

 

813.328     Noticeof intent to challenge validity of prior convictions

 

SUSPENSION

 

(ForConviction)

 

813.400     Suspensionor revocation upon conviction; duration; review

 

(OfCommercial Driver License)

 

813.403     Suspensionof commercial driver license upon conviction; review

 

813.404     Durationof suspension of commercial driver license

 

(UnderImplied Consent Law)

 

813.410     Suspensionupon receipt of police report on implied consent test; hearing; validity ofsuspension; appeal

 

813.412     Roleof peace officer in implied consent hearing

 

813.420     Durationof suspension for refusal or failure of test

 

813.430     Groundsfor increase in duration of suspension

 

813.440     Groundsfor hearing on validity of suspension; rules

 

813.450     Appealfrom suspension for refusal or failure of breath test

 

813.460     Departmentprocedures upon verification of suspension of driving privileges of wrongperson

 

813.470     Departmentnotation on record of person acquitted after suspension

 

HARDSHIPPERMITS

 

813.500     Restrictionson issuance

 

813.510     Limitationson privileges granted by permit; conditions of permit

 

813.520     Limitationson authority to issue hardship permit or reinstate driving privileges

 

IGNITIONINTERLOCK DEVICES

 

813.600     Ignitioninterlock program; rules

 

813.602     Circumstancesunder which ignition interlock device required; costs; failure to install;penalty; exemptions; rules

 

813.604     Noticeof court order; notation on hardship permit; rules

 

813.606     Exceptionfor employee otherwise required to have device

 

813.608     Knowinglyfurnishing motor vehicle without ignition interlock device; penalty

 

813.610     Solicitinganother to blow into ignition interlock device; penalty

 

813.612     Unlawfullyblowing into ignition interlock device; penalty

 

813.614     Tamperingwith ignition interlock device; penalty

 

813.616     Useof certain moneys to pay for ignition interlock program

 

GENERALPROVISIONS

 

      813.010Driving under the influence of intoxicants; penalty. (1) A personcommits the offense of driving while under the influence of intoxicants if theperson drives a vehicle while the person:

      (a)Has 0.08 percent or more by weight of alcohol in the blood of the person asshown by chemical analysis of the breath or blood of the person made under ORS813.100, 813.140 or 813.150;

      (b)Is under the influence of intoxicating liquor, a controlled substance or aninhalant; or

      (c)Is under the influence of any combination of intoxicating liquor, an inhalantand a controlled substance.

      (2)A person may not be convicted of driving while under the influence of intoxicantson the basis of being under the influence of a controlled substance or aninhalant unless the fact that the person was under the influence of acontrolled substance or an inhalant is pleaded in the accusatory instrument andis 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 ORS813.020 in addition to this section.

      (4)Except as provided in subsection (5) of this section, the offense described inthis section, driving while under the influence of intoxicants, is a Class Amisdemeanor 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 thecurrent offense was committed in a motor vehicle and the person has, at leastthree times in the 10 years prior to the date of the current offense, beenconvicted of, or been found to be within the jurisdiction of the juvenile courtfor an act that if committed by an adult would be, any of the followingoffenses 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 jurisdictionthat involved the impaired driving or operation of a vehicle, an aircraft or aboat due to the use of intoxicating liquor, a controlled substance, an inhalantor any combination thereof.

      (C)A driving offense in another jurisdiction that involved operating a vehicle, anaircraft or a boat while having a blood alcohol content above that jurisdiction’spermissible blood alcohol content.

      (b)For the purposes of paragraph (a) of this subsection, a conviction or adjudicationfor a driving offense in another jurisdiction based solely on a person under 21years of age having a blood alcohol content that is lower than the permissibleblood alcohol content in that jurisdiction for a person 21 years of age orolder does not constitute a prior conviction or adjudication.

      (6)In addition to any other sentence that may be imposed, the court shall imposeone or more of the following fines on a person convicted of driving while underthe 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 theperson is not sentenced to a term of imprisonment.

      (d)For a person who drives a vehicle while the person has 0.15 percent or more byweight of alcohol in the blood of the person as shown by chemical analysis ofthe breath or blood of the person made under ORS 813.100, 813.140 or 813.150, aminimum of $2,000.

      (7)Notwithstanding ORS 161.635, $10,000 is the maximum fine that a court mayimpose on a person convicted of driving while under the influence ofintoxicants 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 andwas at least three years younger than the person driving the motor vehicle. [1983c.338 §587; 1985 c.16 §293; 1987 c.138 §5; 1991 c.835 §7; 1999 c.619 §3; 1999c.1049 §1; 2003 c.14 §495; 2003 c.445 §1; 2007 c.879 §3; 2009 c.525 §1; 2009c.613 §1]

 

      813.012Crime classification for purposes of rules of Oregon Criminal JusticeCommission.(1) The Oregon Criminal Justice Commission shall classify a violation of ORS813.010 that is a felony as crime category 6 of the rules of the OregonCriminal Justice Commission.

      (2)In determining criminal history for a person convicted of a felony that hasoperation 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 commissionshall:

      (a)Consider two prior convictions of misdemeanor driving while under the influenceof intoxicants to be equivalent to one conviction of felony driving while underthe influence of intoxicants; and

      (b)Consider felony driving while under the influence of intoxicants to be a personfelony and consider misdemeanor driving while under the influence ofintoxicants to be a person Class A misdemeanor. [1999 c.1049 §3]

 

      813.020Fee to be paid on conviction; screening and treatment; mandatory imprisonmentor community service; attendance at victim impact treatment session; sessionfee.When a person is convicted of driving while under the influence of intoxicantsin violation of ORS 813.010, a court shall comply with the following inaddition to any fine or other penalty imposed upon the person under ORS813.010:

      (1)The court shall require the person to: