Oregon Revised Statutes
A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: 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; Is under the influence of an intoxicant or a…
Driving under the influence of intoxicants under ORS 813.010 shall be a Class C felony if at least two times in the 10 years prior to the date of the current offense the defendant has been convicted of any of the following offenses in any combination: Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in ano…
The Oregon Criminal Justice Commission shall classify felony driving while under the influence of intoxicants that is committed under the circumstances described in ORS 813.010 (5) as crime category 6 of the rules of the Oregon Criminal Justice Commission. In determining criminal history for a person convicted of a felony that has operation of a motor vehic…
As used in this section, “drug” has the meaning given that term in ORS 475.005. In a prosecution under ORS 813.010 for driving while under the influence of intoxicants other than a prosecution involving intoxicating liquor, a controlled substance, an inhalant, cannabis or psylocibin, it is an affirmative defense that: The defendant obtained a drug pursuant…
When a person is arraigned on a charge of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall ensure that the defendant submits to booking, if the person has not already been booked on that charge.
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: The court shall require the person to: Pay to the court the fee described under ORS 813.030 in addition to any fine imposed un…
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: 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…
A person who has been convicted of driving while under the influence of intoxicants under ORS 813.010 shall provide proof to the Department of Transportation that the person completed a treatment program to which the person was referred under ORS 813.021. The department may not reinstate a person’s driving privileges unless: The person has provided proof o…
A person required to pay for a screening interview or treatment program under ORS 813.021, 813.200, 813.210 or 813.240 who is eligible for the state medical assistance program or is enrolled in a health benefit plan, as defined in ORS 743B.005, may utilize the state medical assistance program or health benefit plan as a third party payer for the costs of med…
A court may designate a single agency or organization to perform the screening interviews and treatment programs described in ORS 813.021 and 813.260 (1) when the Director of the Oregon Health Authority certifies that: An agency or organization may accept such designations due to the lack of alternative agencies or organizations in the service area; or An …
The fee required by ORS 471.432 and 813.020 (1) shall be in the amount of $255, 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. A circuit court shall deposit the fee in the Criminal Fine Account. If the fee is collected in a municipal o…
This section establishes, for purposes of ORS 471.432 and 807.060, when a person has a problem condition involving intoxicants. For purposes of ORS 471.432 and 807.060, a person has a problem condition involving intoxicants if it is determined that the person has a problem condition in which the person’s health or that of others is substantially impaired or …
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: The person has reasonable grounds to believe that the operator has consumed alcohol or other intoxicating beverage within four hou…
The Department of Transportation shall impose a civil penalty on the operator of a commercial motor vehicle if: The operator has violated an out-of-service order issued under ORS 813.050 or any other out-of-service order or notice issued by the department or an authorized representative of the department; or The department receives notification that a pers…
A person commits the offense of refusal to take a test for intoxicants if the person refuses to: Take a breath test when requested to do so in accordance with the provisions of ORS 813.100; or Take a urine test when requested to do so in accordance with the provisions of ORS 813.131 and 813.132. The offense described in this section, refusal to take a tes…
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 person’s breath, or of the person’s blood if the person is receiving medical care in a health care facility immediately after a motor vehicle accident, for …
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. The department shall provide police departments and agencies with permits for issuance as required by this section. The department shall e…
A report required by ORS 813.100 shall disclose substantially all of the following information: 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. Whether the police officer had reasonable…
For the purposes of ORS 813.100 and 813.410, 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. Except as provided in subsection (3) of this section, the information about rights and consequences shall b…
A person may be asked to provide a urine sample under ORS 813.140 or subsection (2) of this section. 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 person’s urine for the purpose of determining…
Except as otherwise provided in this section, a refusal to submit to a urine test requested under ORS 813.131 shall be treated for all purposes as a refusal to submit to a breath test. A suspension imposed for refusal to submit to a urine test under ORS 813.131 (2) shall be consecutive to any other suspension imposed under the Motorist Implied Consent Law. I…
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 …
If a person refuses or fails to physically submit to field sobriety tests as required by ORS 813.135 after the person has been informed of the consequences of refusing to submit, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was driving w…
Nothing in ORS 813.100, 813.131 or 813.132 is intended to preclude the administration of a chemical test described in this section. A police officer may obtain a chemical test of the breath or blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, a …
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 person’s own expense, reasonable opportunity to have any licensed physician and surgeon, licensed professional nurse or qualified technician, chemist or other qualified …
A chemical analysis is valid under ORS 813.300 if: It is an analysis of a person’s blood for alcohol content and is performed in: A laboratory certified or accredited under 42 C.F.R. part 493 and approved for toxicology testing; A laboratory certified under ORS 438.040 and approved for toxicology testing; or A forensic laboratory established by the Depar…
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 …
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…
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: Must be filed within 30 days after the date of the defenda…
A defendant is eligible for diversion if the defendant meets all of the following conditions: 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: An offense of driving while under the influence of int…
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: Shall consider …
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. The district attorney or city attorney shall notify the victim that the defendant may be eligible f…
A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order extending the diversion period: Within 30 days prior to the end of the diversion period; or If the defendant is serving on active duty as a member of the Armed Forces of the United St…
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: 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 Sign the petition and indicate…
In lieu of completing a treatment program in this state as a part of completing the conditions of a driving while under the influence of intoxicants diversion agreement in this state, the court may allow a defendant who is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard …
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. The court may not require a defendant to attend a victim impact treatment session if the defendant committed the current offense while riding a b…
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 is $490. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justi…
When a court grants a petition for a driving while under the influence of intoxicants diversion agreement, a court shall ensure that the defendant submits to booking, if the defendant has not already been booked on the charge of driving while under the influence of intoxicants in violation of ORS 813.010. Note: 813.245 was added to and made a part of ORS ch…
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 …
At any time before entry of a judgment of conviction and within 180 days after the conclusion of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 or an extension described in ORS 813.225, a defendant who has complied with and performed all of the conditions of the diversion agreement, except that t…
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 the defendant to appear and show cause why the court should not terminate the diversion agreement. The order to show cause mus…
Courts having jurisdiction over driving while under the influence of intoxicants offenses shall designate agencies or organizations to perform the screening interview 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 minimum standards…
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: To pay for providing treatment for individuals who enter d…
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 person’s blood at the time alleged is less than 0.08 percent by weight of alcohol as shown by chemical analysis of the person’s breath or blood, it is …
If a person refuses to physically submit to a chemical test under ORS 813.100 or 813.131, evidence of the person’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…
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. The provisions of th…
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 person’s breath in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants. If a police officer t…
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…
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: The court shall accept the stipulation regardless of whether or…
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…
Except as provided in subsections (2) and (3) 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 depar…
(Under Implied Consent Law)
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, u…
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, a police officer actively involved in the investigation of the offense may present evidence, examine and cross-examine witnesses and make arguments relating to: The application of statutes and rules to the facts in the case; …
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: 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 …
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 …
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: The person’s physical incapacity, verified by a physician to the satisfaction of the department to be of a nature tha…
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 petitioner’s interest and the ground or grounds upon which the petitioner contends the order should be reversed or remanded. The court shall conduct the review without a jury. Review shall be limited to the…
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: The department shall immediately rescind the suspension orde…
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: 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 person’s blood …
(Hardship Permits)
The Department of Transportation may not reinstate any driving privileges or issue any hardship permit under ORS 807.240 as provided under any of the following: 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 ma…
As used in ORS chapter 813: “Ignition interlock device technician” means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices. “Manufacturer’s representative” means a business entity: That is registered with or authorized by the Secretary of State to transact business in this state; That…
The Department of State Police, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving while under the influence of intoxicants and granted hardship permits under ORS 807.240 and by persons who have entered into a driving while under the influence of intoxi…
Subject to subsections (2) and (6) of this section, 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 the person have installed and be using an approved ignition interlock device in a…
Except as provided in subsection (2) of this section, if an ignition interlock device is ordered or required under ORS 813.602, the person so ordered or required shall pay to the manufacturer’s representative the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the Department of State…
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. The department may not issue a hardship permit under ORS 807.240 to any person wh…
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 person’s employer, the person may operate that vehicle without installation of an ignition interlock device if: The employer has been notified: That the employee is operating with a hardship permit restricted as …
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, an…
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 a…
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…
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. The offense described in this section, tampering with an ignition interlock device, is a Class A traffic violation.
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.
At the end of the suspension or revocation resulting from a conviction for driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation 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 ig…
This section applies only to a person who has had an ignition interlock device installed as a condition of a driving while under the influence of intoxicants diversion agreement under ORS 813.602 (3). After an ignition interlock device is installed, the manufacturer’s representative that installed the device shall notify: The court that required the device…
Notwithstanding ORS 813.602 (1)(b) or (c), (2) or (3), the requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the Department of Transportation a certificate from the ignition interlock device manufacturer’s representative stating that the device did not record a negative report for the last 90 consec…
In addition to any other requirement to participate in an alcohol or drug treatment program required by law, if a court receives at least two negative reports, a court may order that the defendant complete, at the defendant’s own expense based on the defendant’s ability to pay, an alcohol or drug treatment program.
A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant: Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for a…
A service center or manufacturer’s representative may not operate a service center in Oregon unless both the service center and the manufacturer’s representative obtain a certificate from the Department of State Police. A service center and a manufacturer’s representative may apply to the department for a certificate under this section. The application shal…
A criminal background check is required to determine the eligibility of a person seeking employment as an ignition interlock device technician in this state. A service center shall conduct a fingerprint-based criminal background check before hiring or contracting with an individual as an ignition interlock device technician. The service center shall request …
The Department of State Police shall adopt a procedure for a person to file a complaint with the department concerning the failure of a service center or manufacturer’s representative to comply with a requirement of ORS 813.660 to 813.680. The department shall: Provide a response to the complainant no later than 14 days after the date the complaint is filed…
The Ignition Interlock Device Management Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Ignition Interlock Device Management Fund shall be credited to the fund. Moneys in the Ignition Interlock Device Management Fund consist of: Fees collected under ORS 813.660 for issuance or renewal of certi…