Oregon Law
Law as of Jan 1, 2026
Chapter contents
813.010Driving under the influence of intoxicants; penalty 813.011Felony driving under the influence of intoxicants; penalty 813.012Crime classification for purposes of rules of Oregon Criminal Justice Commission 813.015Affirmative defense; qualifications; written notice 813.017Arraignment; booking 813.020Fee to be paid on conviction; screening and treatment; mandatory imprisonment or community service; attendance at victim impact treatment session; session fee; exemptions 813.021Requirements for screening interview and treatment program 813.022Proof of treatment 813.023Alternative payment methods for screening interview or treatment program 813.025Designation of agency to perform screening interview and treatment program; qualifications; rules 813.030Amount of fee; distribution 813.040Standards for determination of problem condition involving intoxicants 813.050Out-of-service orders for operators of commercial motor vehicles; grounds; duration; rules; penalty 813.052[1993 c.400 §4; 2003 c.402 §39; 2007 c.122 §4; repealed by 2009 c.395 §15] 813.055Civil penalty for violation of out-of-service order or notice; rules 813.095Offense of refusal to take a test for intoxicants; penalty 813.100Implied consent to breath or blood test; confiscation of license upon refusal or failure of test 813.110Temporary permit upon confiscation of license 813.120Police report to department 813.130Rights of and consequences for person asked to take test 813.131Implied consent to urine test; privacy; laboratories for analysis 813.132Consequences of refusing to take urine test; exception 813.135Implied consent to field sobriety tests 813.136Consequence of refusal or failure to submit to field sobriety tests 813.140Chemical test with consent; unconscious person 813.150Chemical test at request of arrested person 813.160Methods of conducting chemical analyses; duties of Department of State Police; reports; costs 813.170Plea agreement prohibited 813.200Notice of availability of diversion; petition; form; contents 813.210Petition; filing fee; screening interview fee; service on prosecutor; objection 813.215Eligibility for diversion 813.220Matters to be considered by court in determining to allow diversion agreement; reasons for denial 813.222Right of victim to be present at hearing 813.225Petition for extension of diversion period; conditions 813.230Diversion agreement; record; duration; effect of denial 813.233Exemption from completing treatment program in this state 813.235Attendance at victim impact treatment session as condition of diversion; exemptions; fee 813.240Amount and distribution of filing fee; screening interview fee 813.245Booking 813.250Motion to dismiss charge on completion of diversion; admissibility of statements 813.252Motion to dismiss charge when minimal fine amount remains 813.255Termination of diversion 813.260Designation of agencies to perform screening interviews; duties of agency 813.270Intoxicated Driver Program Fund; creation; uses 813.300Use of blood alcohol percentage as evidence; percentage required for being under the influence 813.310Refusal to take chemical test admissible as evidence 813.320Effect of implied consent law on evidence 813.322Department of State Police rules regarding breath tests as evidence; validity of officer’s permit 813.324Use of testimony from implied consent hearing as evidence in prosecution 813.326Felony driving while under the influence of intoxicants; prior convictions 813.328Notice of intent to challenge validity of prior convictions 813.400Suspension or revocation upon conviction; duration; review; exemptions 813.403[1989 c.636 §40; 1991 c.702 §14; 2003 c.402 §41; repealed by 2013 c.237 §12] 813.404[1989 c.636 §41; 1991 c.185 §16; 1993 c.305 §5; 1995 c.568 §5; 2003 c.402 §42; 2005 c.649 §25; repealed by 2013 c.237 §12] 813.410Suspension upon receipt of police report on implied consent test; hearing; validity of suspension; appeal; rules 813.412Role of police officer in implied consent hearing 813.420Duration of suspension for refusal or failure of test 813.430Grounds for increase in duration of suspension 813.440Grounds for hearing on validity of suspension; rules 813.450Appeal from suspension for refusal or failure of breath test 813.460Department procedures upon verification of suspension of driving privileges of wrong person 813.470Department notation on record of person acquitted after suspension 813.500[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; 2009 c.595 §1146; 2017 c.21 §88; 2017 c.319 §4; repealed by 2018 c.76 §1] 813.510[1983 c.338 §329; 1985 c.16 §146; 1987 c.730 §21; 1987 c.801 §14; 1991 c.208 §5; 2003 c.23 §5; 2017 c.319 §5; repealed by 2018 c.76 §1] 813.520Limitations on authority to issue hardship permit or reinstate driving privileges 813.599Definitions 813.600Ignition interlock program; rules 813.602Circumstances under which ignition interlock device required; exemptions; rules 813.603Waiver of costs of ignition interlock device; rules 813.604Notice of court order; notation on hardship permit; rules 813.606Exception for employee otherwise required to have device 813.608Knowingly furnishing motor vehicle without ignition interlock device; penalty 813.610Soliciting another to blow into ignition interlock device; penalty 813.612Unlawfully blowing into ignition interlock device; penalty 813.614Tampering with ignition interlock device; penalty 813.616Use of certain moneys to pay for ignition interlock program 813.620Suspension of driving privileges for failing to provide proof of device installation or for tampering with device 813.630Notice of ignition interlock device installation and negative reports 813.635Consequence for negative reports generated from ignition interlock device; rules 813.640Additional treatment following negative reports 813.645Motion to vacate requirement to install and use ignition interlock device 813.660Service center and manufacturer’s representative certification; fees; rules 813.665Criminal background check for technicians; rules 813.670Complaint process 813.680Ignition Interlock Device Management Fund

Chapter 813 — Driving Under the Influence of Intoxicants

ORS 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 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.

(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 person’s breath, the defendant has the burden of moving forward with evidence to show that the officer does not have a valid permit.

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 series therein. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.