813...DRIVING UNDER THE INFLUENCE OF INTOXICANTS813.012 GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty. (1) A person commits the offense of driving

Chapter 8132009 EDITION

Driving Under the Influence of Intoxicants

GENERAL PROVISIONS813.010 Driving under the influence of intox-

icants; penalty813.012 Crime classification for purposes of rules

of Oregon Criminal Justice Commission813.020 Fee to be paid on conviction; screening

and treatment; mandatory imprisonmentor community service; attendance at vic-tim impact treatment session; session fee

813.021 Requirements for screening interview andtreatment program

813.025 Designation of agency to perform screen-ing, diagnostic assessment and treatment;qualifications; rules

813.030 Amount of fee; distribution813.040 Standards for determination of problem

condition involving alcohol, inhalants orcontrolled substances

813.050 Out-of-service orders for operators ofcommercial motor vehicles; grounds; du-ration; rules; penalty

813.055 Civil penalty for violation of out-of-serviceorder or notice

IMPLIED CONSENT813.095 Offense of refusal to take a test for in-

toxicants; penalty813.100 Implied consent to breath or blood test;

confiscation of license upon refusal orfailure of test

813.110 Temporary permit upon confiscation of li-cense

813.120 Police report to department813.130 Rights of and consequences for person

asked to take test813.131 Implied consent to urine test; privacy;

laboratories for analysis813.132 Consequences of refusing to take urine

test; exception813.135 Implied consent to field sobriety tests813.136 Consequence of refusal or failure to sub-

mit to field sobriety tests

CHEMICAL TESTS; METHODS AND REQUIREMENTS

813.140 Chemical test with consent; unconsciousperson

813.150 Chemical test at request of arrested per-son

813.160 Methods of conducting chemical analyses;duties of Department of State Police; re-ports; costs

PLEA AGREEMENT813.170 Plea agreement prohibited

DIVERSION813.200 Notice of availability of diversion; peti-

tion; form; contents

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

813.215 Eligibility for diversion813.220 Matters to be considered by court in de-

termining to allow diversion agreement;reasons for denial

813.222 Right of victim to be present at hearing813.225 Petition for extension of diversion period;

conditions813.230 Diversion agreement; record; duration;

effect of denial813.235 Attendance at victim impact treatment

session as condition of diversion; fee813.240 Amount and distribution of filing fee; di-

agnostic assessment fee813.250 Motion to dismiss charge on completion

of diversion; admissibility of statements813.255 Termination of diversion813.260 Designation of agencies to perform diag-

nostic assessments; duties of agency813.270 Intoxicated Driver Program Fund; cre-

ation; uses

EVIDENCE813.300 Use of blood alcohol percentage as evi-

dence; percentage required for being un-der the influence

813.310 Refusal to take chemical test admissibleas evidence

813.320 Effect of implied consent law on evidence813.322 Department of State Police rules regard-

ing breath tests as evidence; validity ofofficer′s permit

813.324 Use of testimony from implied consenthearing as evidence in prosecution

813.326 Felony driving while under the influenceof intoxicants; prior convictions

813.328 Notice of intent to challenge validity ofprior convictions

SUSPENSION

(For Conviction)813.400 Suspension or revocation upon conviction;

duration; review

(Of Commercial Driver License)813.403 Suspension of commercial driver license

upon conviction; review813.404 Duration of suspension of commercial

driver license

(Under Implied Consent Law)813.410 Suspension upon receipt of police report

on implied consent test; hearing; validityof suspension; appeal

813.412 Role of peace officer in implied consenthearing

813.420 Duration of suspension for refusal or fail-ure of test

Title 59 Page 1 (2009 Edition)

OREGON VEHICLE CODE

813.430 Grounds for increase in duration of sus-pension

813.440 Grounds for hearing on validity of sus-pension; rules

813.450 Appeal from suspension for refusal orfailure of breath test

813.460 Department procedures upon verificationof suspension of driving privileges ofwrong person

813.470 Department notation on record of personacquitted after suspension

HARDSHIP PERMITS813.500 Restrictions on issuance813.510 Limitations on privileges granted by per-

mit; conditions of permit813.520 Limitations on authority to issue hardship

permit or reinstate driving privileges

IGNITION INTERLOCK DEVICES813.600 Ignition interlock program; rules813.602 Circumstances under which ignition

interlock device required; costs; failure toinstall; penalty; exemptions; rules

813.604 Notice of court order; notation on hard-ship permit; rules

813.606 Exception for employee otherwise re-quired to have device

813.608 Knowingly furnishing motor vehicle with-out ignition interlock device; penalty

813.610 Soliciting another to blow into ignitioninterlock device; penalty

813.612 Unlawfully blowing into ignition interlockdevice; penalty

813.614 Tampering with ignition interlock device;penalty

813.616 Use of certain moneys to pay for ignitioninterlock program


DRIVING UNDER THE INFLUENCE OF INTOXICANTS 813.012

GENERAL PROVISIONS813.010 Driving under the influence of

intoxicants; penalty. (1) A person commitsthe offense of driving while under the influ-ence of intoxicants if the person drives a ve-hicle while the person:

(a) Has 0.08 percent or more by weightof alcohol in the blood of the person asshown by chemical analysis of the breath orblood of the person made under ORS 813.100,813.140 or 813.150;

(b) Is under the influence of intoxicatingliquor, a controlled substance or an inhalant;or

(c) Is under the influence of any combi-nation of intoxicating liquor, an inhalant anda controlled substance.

(2) A person may not be convicted ofdriving while under the influence of intox-icants on the basis of being under the influ-ence of a controlled substance or an inhalantunless the fact that the person was under theinfluence of a controlled substance or aninhalant is pleaded in the accusatory instru-ment and is either proved at trial or is ad-mitted by the person through a guilty plea.

(3) A person convicted of the offense de-scribed 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 in thissection, driving while under the influence ofintoxicants, is a Class A misdemeanor and isapplicable upon any premises open to thepublic.

(5)(a) Driving while under the influenceof intoxicants is a Class C felony if the cur-rent offense was committed in a motor vehi-cle and the person has, at least three timesin the 10 years prior to the date of the cur-rent offense, been convicted of, or been foundto be within the jurisdiction of the juvenilecourt for an act that if committed by anadult would be, any of the following offensesin any combination:

(A) Driving while under the influence ofintoxicants in violation of:

(i) This section; or(ii) The statutory counterpart to this

section in another jurisdiction.(B) A driving under the influence of in-

toxicants offense in another jurisdiction thatinvolved the impaired driving or operation ofa vehicle, an aircraft or a boat due to the useof intoxicating liquor, a controlled substance,an inhalant or any combination thereof.

(C) A driving offense in another jurisdic-tion that involved operating a vehicle, anaircraft or a boat while having a blood alco-

hol content above that jurisdiction′s permis-sible blood alcohol content.

(b) For the purposes of paragraph (a) ofthis subsection, a conviction or adjudicationfor a driving offense in another jurisdictionbased solely on a person under 21 years ofage having a blood alcohol content that islower than the permissible blood alcoholcontent in that jurisdiction for a person 21years of age or older does not constitute aprior conviction or adjudication.

(6) In addition to any other sentence thatmay be imposed, the court shall impose oneor more of the following fines on a personconvicted of driving while under the influ-ence of intoxicants as follows:

(a) For a person′s first conviction, aminimum of $1,000.

(b) For a person′s second conviction, aminimum of $1,500.

(c) For a person′s third or subsequentconviction, a minimum of $2,000 if the personis not sentenced to a term of imprisonment.

(d) For a person who drives a vehiclewhile the person has 0.15 percent or more byweight of alcohol in the blood of the personas shown by chemical analysis of the breathor blood of the person made under ORS813.100, 813.140 or 813.150, a minimum of$2,000.

(7) Notwithstanding ORS 161.635, $10,000is the maximum fine that a court may imposeon a person convicted of driving while underthe influence of intoxicants if:

(a) The current offense was committed ina motor vehicle; and

(b) There was a passenger in the motorvehicle who was under 18 years of age andwas at least three years younger than theperson driving the motor vehicle. [1983 c.338§587; 1985 c.16 §293; 1987 c.138 §5; 1991 c.835 §7; 1999c.619 §3; 1999 c.1049 §1; 2003 c.14 §495; 2003 c.445 §1; 2007c.879 §3; 2009 c.525 §1; 2009 c.613 §1]

813.012 Crime classification for pur-poses of rules of Oregon Criminal JusticeCommission. (1) The Oregon Criminal Jus-tice Commission shall classify a violation ofORS 813.010 that is a felony as crime cate-gory 6 of the rules of the Oregon CriminalJustice Commission.

(2) In determining criminal history for aperson convicted of a felony that has opera-tion of a motor vehicle as an element, or ofa felony that involved death, injury or prop-erty damage caused by the use of a motorvehicle, the commission shall:

(a) Consider two prior convictions ofmisdemeanor driving while under the influ-ence of intoxicants to be equivalent to oneconviction of felony driving while under theinfluence of intoxicants; and


813.020 OREGON VEHICLE CODE

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

813.020 Fee to be paid on conviction;screening and treatment; mandatory im-prisonment or community service; at-tendance at victim impact treatmentsession; session fee. When a person is con-victed of driving while under the influenceof intoxicants in violation of ORS 813.010, acourt shall comply with the following in ad-dition to any fine or other penalty imposedupon 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 fineimposed under ORS 813.010; and

(b) Complete a screening interview and atreatment program as provided in ORS813.021.

(2) The court must impose and not sus-pend execution of a sentence requiring theperson either to serve at least 48 hours′ im-prisonment, which shall be served consec-utively unless justice requires otherwise, orto perform community service for timesspecified by the court under ORS 137.129.For purposes of this subsection:

(a) A court may provide for the impris-onment to be served in jail, minimum secu-rity facilities or inpatient rehabilitation ortreatment centers.

(b) Whenever the judge provides for themandatory imprisonment to be served otherthan consecutively, the judgment must spe-cifically so provide and the judge must statethe reasons in writing.

(3) In a county that has a victim impactprogram a court may require the person toattend a victim impact treatment session. Ifthe court requires attendance under thissection, the court may require the defendantto pay a reasonable fee to the victim impactprogram to offset the cost of the defendant′sparticipation. The fee shall be established foreach county by the victim impact panel co-ordinator and steering committee of thatcounty and shall be not less than $5 or morethan $50. [1983 c.338 §588; 1985 c.16 §294 and former487.549; 1989 c.576 §5; 1991 c.557 §3; 1993 c.13 §4; 1993c.468 §1; 1999 c.126 §1; 2003 c.14 §496]

813.021 Requirements for screeninginterview and treatment program. (1)When a court, in accordance with ORS813.020, requires a person to complete ascreening interview and a treatment pro-gram, the court shall require the person todo all of the following:

(a) Complete a screening interview forthe purpose of determining appropriateplacement of the person in a program fortreatment for alcoholism, drug dependencyor dependency on inhalants.

(b) Pay directly to the agency or organ-ization conducting the screening interview afee of $150.

(c) Complete the treatment program towhich the person is referred.

(d) Pay for the treatment program towhich the person is referred.

(2) The screening interview required bythis section shall be conducted by an agencyor organization designated by the court. Thedesignated agency or organization must meetthe standards set by the Director of the Or-egon Health Authority to conduct thescreening interviews. Wherever possible acourt shall designate agencies or organiza-tions to perform the screening interview thatare separate from those that may be desig-nated to carry out a treatment program.

(3) An agency or organization doing ascreening interview under this section maynot refer a person to a treatment programthat has not been approved by the Directorof the Oregon Health Authority.

(4) The agency or organization conduct-ing a screening interview under this sectionshall monitor the progress of the person re-ferred to the agency or organization. Theagency or organization shall make a reportto the referring court stating the person′ssuccessful completion or failure to completeall or any part of the screening interview orof the treatment program to which the per-son was referred by the agency or organiza-tion. The report shall be in a formdetermined by agreement between the courtand the agency or organization. [1999 c.126 §3;1999 c.619 §8a; 2005 c.303 §1; 2009 c.595 §1140]

Note: 813.021 was added to and made a part of theOregon Vehicle Code by legislative action but was notadded to ORS chapter 813 or any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

813.025 Designation of agency to per-form screening, diagnostic assessmentand treatment; qualifications; rules. Acourt may designate a single agency or or-ganization to perform the screening inter-views and treatment programs described inORS 813.021, or the diagnostic assessmentand treatment described in ORS 813.260 (1)when the Director of the Oregon Health Au-thority certifies that:

(1) An agency or organization may acceptsuch designations due to the lack of alterna-tive agencies or organizations in the servicearea; or



(2) An agency or organization has appliedto and been authorized by the Oregon HealthAuthority to operate a demonstration projectthat combines screening interviews andtreatment programs or diagnostic assessmentand treatment. The authority shall by ruleset forth the conditions under which a dem-onstration project may be authorized. [1991c.557 §2; 1999 c.126 §4; 2009 c.595 §1141]

813.030 Amount of fee; distribution.The fee required by ORS 471.432 and 813.020(1) shall be in the amount of $130, exceptthat the court may waive all or part of thefee in cases involving indigent defendants.The court may make provision for paymentof the fee on an installment basis. The feeshall be ordered paid as follows:

(1) $105 to be credited and distributedunder ORS 137.295 as an obligation payableto the state; and

(2) $25 to be paid to the Director of theOregon Health Authority for deposit in theIntoxicated Driver Program Fund created byORS 813.270. [1985 c.16 §296; 1987 c.905 §29; 1989c.576 §§6a,7a; 1989 c.635 §§1,3; 1991 c.557 §4; 1993 c.13§5; 1999 c.646 §3; 2009 c.595 §1142]

813.040 Standards for determinationof problem condition involving alcohol,inhalants or controlled substances. Thissection establishes, for purposes of ORS471.432, 807.060 and 813.500, when a personhas a problem condition involving alcohol,inhalants or controlled substances. For pur-poses of ORS 471.432, 807.060 and 813.500, aperson has a problem condition involving al-cohol, inhalants or controlled substances ifit is determined that the person has a prob-lem condition in which the person′s healthor that of others is substantially impaired orendangered or the person′s social or eco-nomic function is substantially disrupted be-cause of the person′s:

(1) Habitual or periodic use of alcoholicbeverages; or

(2) Use of or loss of the ability to controlthe use of controlled substances, inhalantsor other substances with abuse potential in-cluding a condition that may have developed:

(a) A physical dependence in which thebody requires a continuing supply of a drug,inhalant or controlled substance to avoidcharacteristic withdrawal symptoms; or

(b) A psychological dependence charac-terized by an overwhelming mental desire forcontinued use of a drug, inhalant or con-trolled substance. [1983 c.338 §589; 1999 c.126 §5;1999 c.619 §9; 1999 c.646 §4]

813.050 Out-of-service orders for oper-ators of commercial motor vehicles;grounds; duration; rules; penalty. (1) Apolice officer or a person authorized by theDepartment of Transportation to perform ve-

hicle safety inspections shall issue an out-of-service order to the operator of a commercialmotor vehicle if any of the following applies:

(a) The person has reasonable grounds tobelieve that the operator has consumed alco-hol or other intoxicating beverage withinfour hours prior to the time the operator be-gan operating the vehicle or at any timewhile operating the vehicle. As used in thisparagraph, “reasonable grounds” includes,but is not limited to, smelling alcohol on thebreath or person of the operator.

(b) A chemical test of the operator′sbreath discloses any amount of alcohol in theblood of the operator.

(c) The operator possesses an intoxicat-ing beverage while operating the vehicle.This subsection does not apply to possessionof an intoxicating beverage that is mani-fested and transported as part of a shipment.

(2) An out-of-service order issued underthis section shall become effective upon itsissuance and shall remain in effect for 24hours.

(3) The Department of Transportationshall adopt rules requiring that any driverissued an out-of-service order under this sec-tion be required to report the order to thedepartment and to the driver′s employer.Rules adopted under this section may in-clude, but need not be limited to, rules spec-ifying the times within which reports mustbe made and the contents of the reports.

(4) Violation of an out-of-service orderissued under this section is a Class A misde-meanor. [1991 c.185 §14; 1993 c.400 §1]

813.052 [1993 c.400 §4; 2003 c.402 §39; 2007 c.122 §4;repealed by 2009 c.395 §15]

813.055 Civil penalty for violation ofout-of-service order or notice. (1) The De-partment of Transportation shall impose acivil penalty on the operator of a commercialmotor vehicle if:

(a) The operator has violated an out-of-service order issued under ORS 813.050 orany other out-of-service order or notice is-sued by the department or an authorizedrepresentative of the department; or

(b) The department receives notificationthat a person has violated any out-of-serviceorder or notice issued by a state or federalagency.

(2) For the purposes of this section, “no-tification” may include, but is not limited to,a record of conviction or a record of a de-termination by a state or federal agency withjurisdiction to determine that the operatorhas violated an out-of-service order or notice.

(3) Civil penalties under this sectionshall be imposed in the manner provided in



ORS 183.745 and may not be reduced. Thecivil penalties are:

(a) $2,500 for the first violation of anout-of-service order or notice.

(b) $5,000 for a second or subsequent vi-olation of an out-of-service order or notice.[2009 c.395 §14]

Note: 813.055 was added to and made a part of theOregon Vehicle Code by legislative action but was notadded to ORS chapter 813 or any series therein. SeePreface to Oregon Revised Statutes for further explana-tion.

IMPLIED CONSENT813.095 Offense of refusal to take a

test for intoxicants; penalty. (1) A personcommits the offense of refusal to take a testfor intoxicants if the person refuses to:

(a) Take a breath test when requested todo so in accordance with the provisions ofORS 813.100; or

(b) Take a urine test when requested todo so in accordance with the provisions ofORS 813.131 and 813.132.

(2) The offense described in this section,refusal to take a test for intoxicants, is atraffic offense punishable by a fine of at least$500 and not more than $1,000. The fine de-scribed in this section is in addition to anyother consequence prescribed by law for re-fusal to take a test for intoxicants. [2003 c.814§2; 2009 c.614 §1]

813.100 Implied consent to breath orblood test; confiscation of license uponrefusal or failure of test. (1) Any personwho operates a motor vehicle upon premisesopen to the public or the highways of thisstate shall be deemed to have given consent,subject to the implied consent law, to achemical test of the person′s breath, or ofthe person′s blood if the person is receivingmedical care in a health care facility imme-diately after a motor vehicle accident, for thepurpose of determining the alcoholic contentof the person′s blood if the person is arrestedfor driving a motor vehicle while under theinfluence of intoxicants in violation of ORS813.010 or of a municipal ordinance. A testshall be administered upon the request of apolice officer having reasonable grounds tobelieve the person arrested to have beendriving while under the influence of intox-icants in violation of ORS 813.010 or of amunicipal ordinance. Before the test is ad-ministered the person requested to take thetest shall be informed of consequences andrights as described under ORS 813.130.

(2) No chemical test of the person′sbreath or blood shall be given, under subsec-tion (1) of this section, to a person under ar-rest for driving a motor vehicle while underthe influence of intoxicants in violation of

ORS 813.010 or of a municipal ordinance, ifthe person refuses the request of a police of-ficer to submit to the chemical test after theperson has been informed of consequencesand rights as described under ORS 813.130.

(3) If a person refuses to take a test un-der this section or if a breath test under thissection discloses that the person, at the timeof the test, had a level of alcohol in the per-son′s blood that constitutes being under theinfluence of intoxicating liquor under ORS813.300, the person′s driving privileges aresubject to suspension under ORS 813.410 andthe police officer shall do all of the follow-ing:

(a) Immediately take custody of anydriver license or permit issued by this stateto the person to grant driving privileges.

(b) Provide the person with a written no-tice of intent to suspend, on forms preparedand provided by the Department of Trans-portation. The written notice shall informthe person of consequences and rights as de-scribed under ORS 813.130.

(c) If the person qualifies under ORS813.110, issue to the person, on behalf of thedepartment, a temporary driving permit de-scribed under ORS 813.110.

(d) Within a period of time required bythe department by rule, report action takenunder this section to the department andprepare and cause to be delivered to the de-partment a report as described in ORS813.120, along with the confiscated license orpermit and a copy of the notice of intent tosuspend.

(4) If a blood test under this section dis-closes that the person, at the time of thetest, had a level of alcohol in the person′sblood that constitutes being under the influ-ence of intoxicating liquor under ORS813.300, the person′s driving privileges aresubject to suspension under ORS 813.410 andthe police officer shall report to the depart-ment within 45 days of the date of arrestthat the person failed the blood test. [1983c.338 §591; 1985 c.16 §298; 1985 c.672 §19; 1993 c.305 §1;1995 c.568 §1]

813.110 Temporary permit upon con-fiscation of license. (1) Except as otherwiseprovided by this section, police officers, onbehalf of the Department of Transportation,shall issue temporary driving permits de-scribed under this section to persons whenrequired under ORS 813.100.

(2) The department shall provide policedepartments and agencies with permits forissuance as required by this section. Thedepartment shall establish the form and con-tent of permits described in this section asthe department determines appropriate, butin a manner consistent with this section.



(3) A permit described in this section issubject to all the following:

(a) Except as provided in paragraph (b)of this subsection, the permit is valid untilthe 30th day after the date of arrest.

(b) During the 12-hour period followingissuance of the permit, the person is subjectto ORS 807.570, and the permit is not a de-fense to a charge under ORS 807.570.

(c) The permit shall be issued withoutpayment of any fee.

(d) The permit grants the same drivingprivileges as those granted by the person′slicense taken into possession under ORS813.100.

(4) A police officer shall not issue a per-mit under this section if:

(a) Driving privileges of the person weresuspended, revoked or canceled at the timethe person was arrested;

(b) The person whose license was takeninto custody was operating on an invalid li-cense;

(c) The person was not entitled to drivingprivileges at the time of the arrest for anyother reason; or

(d) The person holds a license or permitgranting driving privileges that was issuedby another state or jurisdiction and that isnot 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 shalldisclose substantially all of the following in-formation:

(a) Whether the person, at the time theperson was requested to submit to a test, wasunder arrest for driving a motor vehiclewhile under the influence of intoxicants inviolation of ORS 813.010 or of a municipalordinance.

(b) Whether the police officer had rea-sonable grounds to believe, at the time therequest was made, that the person arrestedhad been driving under the influence of in-toxicants in violation of ORS 813.010 or of amunicipal ordinance.

(c) Whether the person refused to submitto a test or if the person submitted to abreath or blood test whether the level of al-cohol in the person′s blood, as shown by thetest, was sufficient to constitute being underthe influence of intoxicating liquor underORS 813.300.

(d) Whether the person was driving acommercial motor vehicle and refused tosubmit to a test or if the person submittedto a breath or blood test whether the levelof alcohol in the person′s blood, as shown bythe test, was 0.04 percent or more by weight.

(e) Whether the person was informed ofconsequences and rights as described underORS 813.130.

(f) Whether the person was given writtennotice of intent to suspend required by ORS813.100 (3)(b).

(g) If the arrested person took a test, astatement that the person conducting thetest was appropriately qualified.

(h) If the arrested person took a test, astatement that any methods, procedures andequipment used in the test comply with anyrequirements under ORS 813.160.

(2) A report required by ORS 813.100 maybe made in one or more forms specified bythe Department of Transportation. [1983 c.338§405; 1985 c.16 §215; 1985 c.672 §20; 1989 c.636 §42; 1993c.305 §3; 1993 c.751 §70; 1995 c.568 §3]

813.130 Rights of and consequences forperson asked to take test. This section es-tablishes the requirements for informationabout rights and consequences for purposesof ORS 813.100 and 813.410. The followingapply to the information about rights andconsequences:

(1) The information about rights andconsequences shall be substantially in theform prepared by the Department of Trans-portation. The department may establish anyform it determines appropriate and conven-ient.

(2) The information about rights andconsequences shall be substantially as fol-lows:

(a) Driving under the influence of intox-icants is a crime in Oregon, and the personis subject to criminal penalties if a test un-der ORS 813.100 shows that the person isunder the influence of intoxicants. If theperson refuses a test or fails, evidence of therefusal or failure may also be offered againstthe person.

(b) The person will fail a test under ORS813.100 for purposes of criminal penalties ifthe test discloses a blood alcohol content of0.08 percent or more by weight. The personwill fail a test for purposes of the MotoristImplied Consent Law if the test discloses ablood alcohol content of:

(A) 0.08 percent or more by weight if theperson was not driving a commercial motorvehicle;

(B) 0.04 percent or more by weight if theperson was driving a commercial motor ve-hicle; or

(C) Any amount if the person was under21 years of age.

(c) If the person refuses or fails a testunder ORS 813.100, the person′s drivingprivileges will be suspended. The outcome ofa criminal charge for driving under the in-



fluence of intoxicants will not affect the sus-pension. The suspension will be substantiallylonger if the person refuses a test.

(d) If the person refuses a test or fails abreath test under ORS 813.100 and has anOregon driver license or permit, the licenseor permit will be taken immediately and, un-less the person does not currently have fullvalid driving privileges, a temporary drivingpermit will be issued to the person.

(e) If the person refuses a test under ORS813.100, the person is not eligible for a hard-ship permit for at least 90 days, and possiblyfor three years, depending on the followingfactors set forth in ORS 813.430:

(A) Whether the person is presently par-ticipating in a driving while under the influ-ence of intoxicants diversion program in thisstate or in any similar alcohol or drug re-habilitation program in this or another ju-risdiction; or

(B) Whether within the five years pre-ceding the date of arrest any of the followingoccurred:

(i) A suspension of the person′s drivingprivileges under ORS 813.410 or 482.540 (1981Replacement Part) became effective;

(ii) The person was convicted of drivingwhile under the influence of intoxicants inviolation of ORS 813.010 or the statutorycounterpart to ORS 813.010 in another juris-diction, as described in ORS 813.430;

(iii) The person was convicted of drivingwhile under the influence of intoxicants inviolation of a municipal ordinance in thisstate or another jurisdiction, as described inORS 813.430; or

(iv) The person commenced participatingin a driving while under the influence of in-toxicants diversion program in this state orin any similar alcohol or drug rehabilitationprogram in this or another jurisdiction, asdescribed in ORS 813.430.

(f) If the person refuses a breath test un-der ORS 813.100, or refuses a urine test un-der ORS 813.131 and 813.132, the person issubject to a fine of at least $500 and notmore than $1,000.

(g) After taking a test under ORS813.100, the person will have a reasonableopportunity, upon request, for an additionalchemical test for blood alcohol content to beperformed at the person′s own expense by aqualified individual of the person′s choosing.

(h) The person has a right to a hearingto challenge the validity of the suspensionbefore the suspension becomes effective. Theperson must make a written request to thedepartment for such a hearing. If the personwins at the hearing, the person′s drivingprivileges will not be suspended. If the per-

son loses at the hearing, the suspension willremain in effect during any court review ofthe hearing.

(i) If the person is issued a temporarydriving permit under ORS 813.100, the infor-mation provided to the person shall includethe number of hours before the driving per-mit will be effective and the number of daysthe permit will be effective.

(j) The information provided to the per-son shall include the number of days withinwhich a person must request a hearing underORS 813.410.

(k) The information provided to the per-son shall include the number of days withinwhich a hearing under ORS 813.410 will beheld.

(L) The person may possibly qualify fora hardship permit in 30 days if the personfails a test, depending on the person′s drivingrecord.

(3) If the person is driving a commercialmotor vehicle, the information about rightsand consequences shall include, in additionto the provisions of subsection (2) of thissection, substantially the following:

(a) If the person refuses a test under ORS813.100 or submits to a breath or blood testand the level of alcohol in the person′s bloodis 0.04 percent or more by weight, the per-son′s commercial driver license or right toapply for a commercial driver license will besuspended and no hardship permit authoriz-ing the person to drive a commercial motorvehicle will be issued. The suspension willbe substantially longer if the person refusesa test.

(b) The suspension of the person′s com-mercial driver license or right to apply for acommercial driver license will be for theperson′s lifetime if the person refuses a testunder ORS 813.100 or submits to a breath orblood test and the level of alcohol in theperson′s blood is 0.04 percent or more byweight and:

(A) The person previously has been con-victed of failure to perform the duties of adriver;

(B) The person previously has been con-victed of a crime punishable as a felony andthe person was driving a motor vehicle atthe time the offense was committed;

(C) The person previously has been con-victed of driving a commercial motor vehiclewhile the person′s commercial driver licenseor right to apply for a commercial driver li-cense was suspended or revoked;

(D) The person previously has been con-victed of any degree of murder, manslaughteror criminally negligent homicide resultingfrom the operation of a commercial motor



vehicle or assault in the first degree result-ing from the operation of a commercial mo-tor vehicle;

(E) The person previously has been con-victed of driving while under the influenceof intoxicants;

(F) The person′s commercial driver li-cense previously has been suspended or re-voked 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 acommercial driver license previously hasbeen suspended or revoked for refusal tosubmit to, or failure of, a breath or blood testunder ORS 813.100 resulting from the opera-tion of a commercial motor vehicle.

(4) Nothing in this section prohibits thedepartment from providing additional infor-mation concerning rights and consequencesthat the department considers convenient orappropriate. [1985 c.672 §22; 1987 c.673 §3; 1987 c.801§11; 1989 c.171 §92; 1989 c.636 §43; 1991 c.185 §15; 1991c.860 §10; 1993 c.305 §4; 1995 c.568 §4; 2003 c.814 §3; 2005c.649 §28; 2009 c.607 §2; 2009 c.614 §2]

813.131 Implied consent to urine test;privacy; laboratories for analysis. (1) Anyperson who operates a motor vehicle uponpremises open to the public or the highwaysof this state shall be deemed to have givenconsent, subject to the Motorist ImpliedConsent Law, to a chemical test of the per-son′s urine for the purpose of determiningthe presence of a controlled substance or aninhalant in the person′s body if the person isarrested for driving while under the influ-ence of intoxicants in violation of ORS813.010 or of a municipal ordinance and ei-ther:

(a) The person takes the breath test de-scribed in ORS 813.100 and the test disclosesa blood alcohol content of less than 0.08percent; or

(b) The person is involved in an accidentresulting in injury or property damage. Aurine test may be requested under this para-graph regardless of whether a breath test hasbeen requested and regardless of the resultsof a breath test, if one is taken.

(2) A police officer may not request aurine test unless the officer is certified bythe Board on Public Safety Standards andTraining as having completed at least eighthours of training in recognition of drug im-paired driving and the officer has a reason-able suspicion that the person arrested hasbeen driving while under the influence of acontrolled substance, an inhalant or anycombination of an inhalant, a controlledsubstance and intoxicating liquor.

(3) A person asked to give a urine sampleshall be given privacy and may not be ob-

served by a police officer when producing thesample.

(4)(a) At the trial of any civil or criminalaction, suit or proceeding arising out of theacts committed by a person driving a motorvehicle while under the influence of intox-icants, a valid chemical analysis of a person′surine is admissible as evidence and may beused with other evidence, if any, to deter-mine whether the person was driving whileunder the influence of intoxicants.

(b) A chemical analysis of a person′surine is valid under this subsection if analy-sis is performed in an accredited or licensedtoxicology laboratory. [1995 c.676 §1; 1999 c.619§10; 1999 c.752 §1; 2009 c.325 §1]

813.132 Consequences of refusing totake urine test; exception. (1) Except asotherwise provided in this section, a refusalto take a urine test requested under ORS813.131 shall be treated for all purposes as arefusal to take a breath test. A suspensionimposed for refusal to take a urine test shallbe consecutive to any other suspension im-posed under the Motorist Implied ConsentLaw. If a person is subject to consecutivesuspensions, the length of time that mustelapse before the Department of Transporta-tion may reinstate driving privileges or issuea hardship permit under ORS 813.520 shallbe doubled.

(2) Before any test of urine may be ad-ministered under ORS 813.131, in addition toinformation described in ORS 813.130, theperson asked to take the test shall be in-formed that if the person refuses the test, theperson′s driving privileges will be suspendedfor the same time period and with the sameconsequences as if the person had refusedthe breath test and that a suspension for re-fusal of the urine test will be consecutive toany other suspension under the Motorist Im-plied Consent Law.

(3) Notwithstanding subsection (1) of thissection, no suspension of driving privilegesshall be imposed for refusal to provide aurine sample if the person provides doc-umentation from a physician licensed by thisstate showing that the person has a medicalcondition that makes it impossible for theperson to provide a sample. [1995 c.676 §2; 1997c.25 §3]

813.135 Implied consent to fieldsobriety tests. Any person who operates avehicle upon premises open to the public orthe highways of the state shall be deemed tohave given consent to submit to fieldsobriety tests upon the request of a policeofficer for the purpose of determining if theperson is under the influence of intoxicantsif the police officer reasonably suspects thatthe person has committed the offense ofdriving while under the influence of intox-



icants in violation of ORS 813.010 or a mu-nicipal ordinance. Before the tests areadministered, the person requested to takethe tests shall be informed of the conse-quences of refusing to take or failing to sub-mit to the tests under ORS 813.136. [1989 c.576§15]

813.136 Consequence of refusal or fail-ure to submit to field sobriety tests. If aperson refuses or fails to submit to fieldsobriety tests as required by ORS 813.135,evidence of the person′s refusal or failure tosubmit is admissible in any criminal or civilaction or proceeding arising out of alle-gations that the person was driving whileunder the influence of intoxicants. [1989 c.576§14]

CHEMICAL TESTS; METHODS AND REQUIREMENTS

813.140 Chemical test with consent;unconscious person. Nothing in ORS813.100 is intended to preclude the adminis-tration of a chemical test described in thissection. A police officer may obtain a chemi-cal test of the blood to determine the amountof alcohol in any person′s blood or a test ofthe person′s blood or urine, or both, to de-termine the presence of a controlled sub-stance or an inhalant in the person asprovided in the following:

(1) If, when requested by a police officer,the person expressly consents to such a test.

(2) Notwithstanding subsection (1) of thissection, from a person without the person′sconsent if:

(a) The police officer has probable causeto believe that the person was driving whileunder the influence of intoxicants and thatevidence of the offense will be found in theperson′s blood or urine; and

(b) The person is unconscious or other-wise in a condition rendering the person in-capable of expressly consenting to the testor tests requested. [1983 c.338 §593; 1985 c.16 §299;1999 c.619 §11]

813.150 Chemical test at request ofarrested person. In addition to a chemicaltest of the breath, blood or urine adminis-tered under ORS 813.100 or 813.140, upon therequest of a police officer, a person shall bepermitted upon request, at the person′s ownexpense, reasonable opportunity to have anylicensed physician and surgeon, licensed pro-fessional nurse or qualified technician,chemist or other qualified person of the per-son′s own choosing administer a chemicaltest or tests of the person′s breath or bloodfor the purpose of determining the alcoholiccontent of the person′s blood or a chemicaltest or tests of the person′s blood or urine,or both, for the purpose of determining the

presence of a controlled substance or aninhalant in the person. The failure or inabil-ity to obtain such a test or tests by a personshall not preclude the admission of evidencerelating to a test or tests taken upon the re-quest of a police officer. [1983 c.338 §594; 1985 c.16§300; 1999 c.619 §12]

813.160 Methods of conducting chemi-cal analyses; duties of Department ofState Police; reports; costs. (1) A chemicalanalysis is valid under ORS 813.300 if:

(a) It is an analysis of a person′s bloodfor alcohol content and is performed in:

(A) A laboratory certified or accreditedunder 42 C.F.R. part 493 and approved fortoxicology testing;

(B) A laboratory licensed under ORS438.110 and approved for toxicology testing;or

(C) A forensic laboratory established bythe Department of State Police under ORS181.080 that is accredited by a nationalforensic accrediting organization.

(b) It is an analysis of a person′s breathand is performed by an individual possessinga valid permit to perform chemical analysesissued by the Department of State Police andis performed according to methods approvedby the Department of State Police. For pur-poses of this paragraph, the Department ofState Police shall do all of the following:

(A) Approve methods of performingchemical analyses of a person′s breath.

(B) Prepare manuals and conduct coursesthroughout the state for the training of po-lice officers in chemical analyses of a per-son′s breath, which courses shall include, butare not limited to, approved methods ofchemical analyses, use of approved equip-ment and interpretation of test results to-gether with a written examination on thesesubjects.

(C) Test and certify the accuracy ofequipment to be used by police officers forchemical analyses of a person′s breath beforeregular use of the equipment and periodicallythereafter at intervals of not more than 90days. Tests and certification required by thissubparagraph must be conducted by trainedtechnicians. Certification under this subpar-agraph does not require a signed document.

(D) Ascertain the qualifications and com-petence of individuals to conduct chemicalanalyses in accordance with one or moremethods approved by the department.

(E) Issue permits to individuals accordingto their qualifications. Permits may be issuedto police officers only upon satisfactory com-pletion of the prescribed training course andwritten examination. A permit must state themethods and equipment that the police offi-



cer is qualified to use. Permits are subject totermination or revocation at the discretionof the Department of State Police.

(2) In conducting a chemical test of theblood, only a duly licensed physician or aperson acting under the direction or controlof a duly licensed physician may withdrawblood or pierce human tissue. A licensedphysician, or a qualified person acting underthe direction or control of a duly licensedphysician, is not civilly liable for withdraw-ing any bodily substance, in a medically ac-ceptable manner, at the request of a peaceofficer.

(3) An individual who performs a chemi-cal analysis of breath or blood under ORS813.100 or 813.140 shall prepare and sign awritten report of the findings of the test thatmust include the identification of the policeofficer upon whose request the test was ad-ministered.

(4) Any individual having custody of thereport mentioned in subsection (3) of thissection shall, upon request of the persontested, furnish that person or that person′sattorney, a copy of the report.

(5) The expense of conducting a chemicaltest as provided by ORS 813.100 or 813.140must be paid by the governmental unit onwhose equipment the test is conducted or bythe governmental unit upon whose requestthe test was administered if no governmentalunit′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, aperson charged with the offense of drivingunder the influence of intoxicants shall notbe allowed to plead “guilty” or “no contest”to any other offense in exchange for a dis-missal of the offense charged. No district at-torney or city attorney shall make anymotion and no judge shall enter any order inderogation of this section. This section doesnot prohibit diversion as provided under ORS813.200.

(2) Notwithstanding ORS 135.881 to135.901, a person charged with the offense ofdriving under the influence of intoxicantsshall not be allowed to enter into any pro-gram of supervised performance or diversionexcept as provided under ORS 813.200. [1983c.338 §382; 1999 c.1051 §294]

DIVERSION813.200 Notice of availability of diver-

sion; petition; form; contents. (1) Thecourt shall inform at arraignment a defend-ant charged with the offense of driving whileunder the influence of intoxicants as definedin ORS 813.010 or a city ordinance conform-ing thereto that a diversion agreement maybe available if the defendant meets the crite-ria set out in ORS 813.215 and files with thecourt a petition for a driving while under theinfluence of intoxicants diversion agreement.

(2) The petition forms for a driving whileunder the influence of intoxicants diversionagreement shall be available to a defendantat the court.

(3) The form of the petition for a drivingwhile under the influence of intoxicants di-version agreement and the information andblanks contained therein shall be determinedby the Supreme Court under ORS 1.525. Thepetition forms made available to a defendantby any city or state court shall conform tothe requirements adopted by the SupremeCourt.

(4) In addition to any other informationrequired by the Supreme Court to be con-tained in a petition for a driving while underthe influence of intoxicants diversion agree-ment, the petition shall include:

(a) A plea of guilty or no contest to thecharge of driving while under the influenceof intoxicants signed by the defendant;

(b) An agreement by the defendant tocomplete at an agency or organization desig-nated by the city or state court a diagnosticassessment to determine the possible exist-ence and degree of an alcohol or drug abuseproblem;

(c) An agreement by the defendant tocomplete, at defendant′s own expense basedon defendant′s ability to pay, the program oftreatment indicated as necessary by the di-agnostic assessment;

(d) An agreement by the defendant to notuse intoxicants in conjunction with the de-fendant′s operation of a motor vehicle and tocomply fully with the laws of this state de-signed to discourage the use of intoxicants inconjunction with motor vehicle operation;

(e) A notice to the defendant that the di-version agreement will be considered to beviolated if the court receives notice that thedefendant at any time during the diversionperiod committed the offense of driving whileunder the influence of intoxicants or com-mitted a violation of ORS 811.170;

(f) An agreement by the defendant tokeep the court advised of the defendant′scurrent mailing address at all times duringthe diversion period;



(g) A waiver by the defendant of any for-mer jeopardy rights under the federal andstate Constitutions and ORS 131.505 to131.525 in any subsequent action upon thecharge or any other offenses based upon thesame criminal episode;

(h) A sworn statement, as defined in ORS162.055, by the defendant certifying that thedefendant meets the criteria set out in ORS813.215 to be eligible to enter into the driv-ing while under the influence of intoxicantsdiversion agreement; and

(i) An agreement by the defendant to paycourt-appointed attorney fees as determinedby the court. [1983 c.338 §369; 1985 c.16 §191; 1987c.441 §4; 2003 c.816 §1]

813.210 Petition; filing fee; diagnosticassessment fee; service on prosecutor;objection. (1) After an accusatory instru-ment has been filed charging the defendantwith the offense of driving while under theinfluence of intoxicants, a defendant may filewith the court a petition for a driving whileunder the influence of intoxicants diversionagreement described in ORS 813.200. The pe-tition:

(a) Must be filed within 30 days after thedate of the defendant′s first appearance onthe summons, unless a later filing date is al-lowed by the court upon a showing of goodcause. For purposes of this paragraph, thefiling of a demurrer, a motion to suppress ora motion for an omnibus hearing does notconstitute good cause.

(b) Notwithstanding paragraph (a) of thissubsection, may not be filed after entry of aguilty plea or a no contest plea or aftercommencement of any trial on the chargewhether or not a new trial or retrial is or-dered for any reason.

(2) The defendant shall pay to the court,at the time of filing a petition for a drivingwhile under the influence of intoxicants di-version agreement, a filing fee establishedunder ORS 813.240. The court may makeprovision for payment of the filing fee by thedefendant on an installment basis. The courtmay waive all or part of the filing fee incases involving indigent defendants. The fil-ing fee paid to the court under this subsec-tion shall be retained by the court if thepetition is allowed. The filing fee shall bedistributed as provided by ORS 813.240.

(3) The defendant shall pay to the agencyor organization providing the diagnostic as-sessment, at the time the petition is allowed,the fee required by ORS 813.240 (2).

(4)(a) Unless otherwise provided underparagraph (b) of this subsection, the defend-ant shall pay to the court any court-appointed attorney fees agreed to under ORS813.200 (4)(i). Payments shall be made prior

to the end of the diversion period on aschedule determined by the court.

(b) The court may waive all or part of thecourt-appointed attorney fees agreed to underORS 813.200 (4)(i).

(5) The defendant shall cause a copy ofthe petition for a driving while under theinfluence of intoxicants diversion agreementto be served upon the district attorney orcity attorney. The district attorney or cityattorney may file with the court, within 15days after the date of service, a written ob-jection to the petition and a request for ahearing. [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) Adefendant is eligible for diversion if the de-fendant meets all of the following conditions:

(a) On the date the defendant filed thepetition for a driving while under the influ-ence of intoxicants diversion agreement, thedefendant had no charge, other than thecharge for the present offense, pending for:

(A) An offense of driving while under theinfluence 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 in-

toxicants offense in another jurisdiction thatinvolved the impaired driving of a vehicledue to the use of intoxicating liquor, a con-trolled substance, an inhalant or any combi-nation thereof; or

(C) A driving offense in another jurisdic-tion that involved operating a vehicle whilehaving a blood alcohol content above thatjurisdiction′s permissible blood alcohol con-tent.

(b) The defendant has not been convictedof an offense described in paragraph (a) ofthis subsection within the period beginning15 years before the date of the commissionof the present offense and ending on the datethe defendant filed the petition for a drivingwhile under the influence of intoxicants di-version agreement.

(c) The defendant has not been convictedof a felony offense described in ORS 813.010(5)(a).

(d) The defendant was not participatingin a driving while under the influence of in-toxicants diversion program or in any similaralcohol or drug rehabilitation program, otherthan a program entered into as a result ofthe charge for the present offense, in thisstate or in another jurisdiction on the datethe defendant filed the petition for a drivingwhile under the influence of intoxicants di-version agreement.



(e) The defendant did not participate ina diversion or rehabilitation program de-scribed in paragraph (d) of this subsection,other than a program entered into as a resultof the charge for the present offense, withinthe period beginning 15 years before the dateof the commission of the present offense andending on the date the defendant filed thepetition for a driving while under the influ-ence of intoxicants diversion agreement.

(f) The defendant had no charge of an of-fense of aggravated vehicular homicide or ofmurder, manslaughter, criminally negligenthomicide or assault that resulted from theoperation of a motor vehicle pending in thisstate or in another jurisdiction on the datethe defendant filed the petition for a drivingwhile under the influence of intoxicants di-version agreement.

(g) The defendant has not been convictedof an offense described in paragraph (f) ofthis subsection within the period beginning15 years before the date of the commissionof the present offense and ending on the datethe defendant filed the petition for a drivingwhile under the influence of intoxicants di-version agreement.

(h) The defendant did not hold a com-mercial driver license on the date of thecommission of the offense.

(i) The defendant was not operating acommercial motor vehicle at the time of theoffense.

(j) The present driving while under theinfluence of intoxicants offense did not in-volve 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 defend-ant.

(2) For the purposes of subsection (1)(a)of this section, a conviction for a driving of-fense in another jurisdiction based solely ona person under 21 years of age having ablood alcohol content that is lower than thepermissible blood alcohol content in that ju-risdiction for a person 21 years of age orolder does not constitute a prior conviction.

(3) A defendant is eligible for a secondor subsequent diversion if the defendantmeets all of the conditions of subsection (1)of this section and the defendant has notbeen convicted of any other criminal offenseinvolving a motor vehicle within the periodbeginning 15 years before the date of thecommission of the present offense and endingon the date the defendant filed the petitionfor the second or subsequent driving whileunder the influence of intoxicants diversionagreement. [1987 c.441 §3; 1997 c.749 §5; 1999 c.445§1; 1999 c.1051 §295; 2005 c.649 §29; 2007 c.122 §11; 2007c.867 §14; 2007 c.879 §10; 2009 c.515 §1]

813.220 Matters to be considered bycourt in determining to allow diversionagreement; reasons for denial. After thetime for requesting a hearing under ORS813.210 has expired with no request for ahearing, or after a hearing requested underORS 813.210, the court shall determinewhether to allow or deny a petition for adriving while under the influence of intox-icants diversion agreement. In making a de-termination under this section, the court:

(1) Shall consider whether the diversionwill be of benefit to the defendant and thecommunity.

(2) May take into consideration whetherthere was an early recognition by the de-fendant during the proceeding that a courseof diagnosis and treatment of problem drink-ing, alcoholism or drug dependency would bebeneficial.

(3) May take into consideration whetherthere is a probability that the defendant willcooperate with the diagnostic assessment andtreatment agencies.

(4) May take into consideration whetherthe defendant will observe the restrictionscontained in the diversion agreement.

(5) May take into consideration whetherthe offense was committed in a motor vehicleand whether there was a passenger in themotor vehicle who was under 18 years of ageand at least three years younger than thedefendant.

(6) Shall deny the petition for a drivingwhile under the influence of intoxicants di-version agreement if the defendant failed toappear at an arraignment on the present of-fense without good cause.

(7) Shall deny the petition for a drivingwhile under the influence of intoxicants di-version agreement if, after the date the de-fendant filed the petition, the defendant wascharged with or convicted of:

(a) An offense of driving while under theinfluence 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 in-

toxicants offense in another jurisdiction thatinvolved the impaired driving of a vehicledue to the use of intoxicating liquor, a con-trolled substance, an inhalant or any combi-nation thereof; or

(c) A driving offense in another jurisdic-tion that involved operating a vehicle whilehaving a blood alcohol content above thatjurisdiction′s permissible blood alcohol con-tent.



(8) Shall deny the petition for a drivingwhile under the influence of intoxicants di-version agreement if the defendant partic-ipated in a driving while under the influenceof intoxicants diversion program or in anysimilar alcohol or drug rehabilitation pro-gram, other than a program entered into asa result of the charge for the present offense,in this state or in another jurisdiction afterthe date the defendant filed the petition.

(9) Shall deny the petition for a drivingwhile under the influence of intoxicants di-version agreement if the defendant wascharged with or convicted of an offense ofaggravated vehicular homicide or of murder,manslaughter, criminally negligent homicideor assault that resulted from the operationof a motor vehicle in this state or in anotherjurisdiction after the date the defendant filedthe petition.

(10) Shall deny the petition for a drivingwhile under the influence of intoxicants di-version agreement if the defendant has beenconvicted of a felony offense described inORS 813.010 (5)(a).

(11) For the purposes of subsection (7) ofthis section, may not consider a convictionfor a driving offense in another jurisdictionbased solely on a person under 21 years ofage having a blood alcohol content that islower than the permissible blood alcoholcontent in that jurisdiction for a person 21years 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 presentat hearing. (1) If a driving while under theinfluence of intoxicants offense involvesdamage to property of a person other thanthe defendant, the victim of the propertydamage has a right to be present and to beheard at any hearing on a petition for a di-version agreement.

(2) The district attorney or city attorneyshall notify the victim that the defendantmay be eligible for diversion and that if thereis a hearing on a petition for diversion, thevictim has a right to be present and to beheard at the hearing. [1999 c.445 §3]

813.225 Petition for extension of di-version period; conditions. (1) Within 30days prior to the end of the period of a driv-ing while under the influence of intoxicantsdiversion agreement described in ORS813.230, a defendant may apply by motion tothe court in which the diversion agreementwas entered for an order extending the di-version period.

(2) Petition forms for an application foran extension under this section shall beavailable to a defendant at the court.

(3) The form of the petition for an exten-sion under this section shall be determinedby the Supreme Court under ORS 1.525. Thepetition forms made available to a defendantby any city or state court shall conform tothe requirements of the Supreme Court.

(4) The court may grant a petition for anextension filed under this section if the courtfinds that the defendant made a good faitheffort to complete the conditions of the di-version agreement and that the defendantcan complete the conditions of the diversionagreement within the requested extended di-version period.

(5) An extension granted under this sec-tion may be for no more than 180 days.

(6) A court may grant a defendant onlyone extension of a diversion period underthis section.

(7) If the court grants the petition for anextension under this section, the followingapply:

(a) If the defendant fully complies withthe conditions of the diversion agreementwithin the extended diversion period, thecourt may dismiss the charge with prejudiceunder ORS 813.250.

(b) If the court finds that the defendantfailed to comply with the diversion agree-ment within the extended diversion period,the court shall enter the guilty plea or nocontest plea filed as part of the petition fora diversion agreement, shall enter a judg-ment of conviction and shall sentence thedefendant.

(8) If the court denies the petition for anextension under this section, the court shallenter the guilty plea or no contest plea filedas part of the petition for a diversion agree-ment, shall enter a judgment of convictionand shall sentence the defendant. [1997 c.749§7; 2003 c.816 §3]

813.230 Diversion agreement; record;duration; effect of denial. (1) When thecourt allows a petition for a driving whileunder the influence of intoxicants diversionagreement filed as provided in ORS 813.210,the judge taking that action shall:

(a) Accept the guilty plea or no contestplea filed as part of the petition for a diver-sion agreement but withhold entry of a judg-ment of conviction; and

(b) Sign the petition and indicate thereonthe date of allowance of the diversion period,the length of the diversion period and thedate upon which the driving while under theinfluence offense occurred.

(2) The petition when signed and datedbecomes the diversion agreement betweenthe defendant and the court. The court shallmake the agreement a part of the record of



the case. The court shall notify the Depart-ment of Transportation of the diversionagreement in a form agreed to by the de-partment and the State Court Administratorwithin 48 hours after allowing the petition.The department shall make the fact of thediversion agreement a part of the defendant′soperating record.

(3) A driving while under the influenceof intoxicants diversion agreement shall befor a period of one year after the date thecourt allows the petition. During the diver-sion period the court shall stay the drivingwhile under the influence of intoxicants of-fense proceeding pending completion of thediversion agreement or its termination.

(4) When the court denies a petition fora driving while under the influence of intox-icants diversion agreement, it shall continuethe offense proceeding against the defendant.The guilty plea or no contest plea filed aspart of the petition for the diversion agree-ment may not be used in the offense pro-ceeding 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 impacttreatment session as condition of diver-sion; fee. In a county that has a victim im-pact program a court may require as acondition of a driving while under the influ-ence of intoxicants diversion agreement thatthe defendant attend a victim impact treat-ment session. If the court requires attend-ance under this section, the court mayrequire the defendant, as part of the diver-sion agreement, to pay a reasonable fee tothe victim impact program to offset the costof the defendant′s participation. The fee shallbe established for each county by the victimimpact panel coordinator and steering com-mittee of that county and shall be not lessthan $5 or more than $50. [1987 c.830 §2; 1993c.468 §2]

813.240 Amount and distribution offiling fee; diagnostic assessment fee. (1)The filing fee paid by a defendant at the timeof filing a petition for a driving while underthe influence of intoxicants diversion agree-ment as provided in ORS 813.210 shall be$261 and shall be ordered paid as follows ifthe petition is allowed:

(a) $136 to be credited and distributedunder ORS 137.295 as an obligation payableto the state;

(b) $100 to be treated as provided for dis-position of fines and costs under ORS153.630; and

(c) $25 to be paid to the Director of theOregon Health Authority for deposit in theIntoxicated Driver Program Fund createdunder ORS 813.270, to be used for purposesof the fund.

(2) In addition to the filing fee undersubsection (1) of this section, the court shallorder the defendant to pay $150 directly tothe agency or organization providing the di-agnostic assessment. [1983 c.338 §373; 1985 c.16§194; 1985 c.277 §3; 1987 c.905 §30; 1989 c.576 §§8a,9a; 1989c.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;2009 c.595 §1143]

Note: Section 26, chapter 659, Oregon Laws 2009,provides:

Sec. 26. (1) In addition to the fees provided in ORS135.921 and 813.240, upon the filing of a petition for di-version under ORS 135.909 or 813.210, the court shallorder the defendant to pay $100 to the court as a pro-gram administration fee.

(2) This section applies only to petitions for diver-sion filed on or after October 1, 2009, and before July1, 2011.

(3) Fees imposed under this section in the circuitcourt shall be deposited by the clerk of the court in theJudicial System Surcharge Account. Fees imposed in ajustice court under this section shall be paid to thecounty treasurer. Fees imposed in a municipal courtunder this section shall be paid to the city treasurer.

(4) The collections and revenue management pro-gram established under ORS 1.204 may not be reim-bursed under ORS 1.204 from fees imposed under thissection. [2009 c.659 §26]

813.250 Motion to dismiss charge oncompletion of diversion; admissibility ofstatements. (1) At any time after the con-clusion of the period of a driving while underthe influence of intoxicants diversion agree-ment described in ORS 813.230, a defendantwho has fully complied with and performedthe conditions of the diversion agreementmay apply by motion to the court whereinthe diversion agreement was entered for anorder dismissing the charge with prejudice.

(2) The defendant shall cause to beserved on the district attorney or city attor-ney a copy of the motion for entry of an or-der dismissing with prejudice the charge ofdriving while under the influence of intox-icants. The motion shall be served on thedistrict attorney or city attorney at the timeit is filed with the court. The district attor-ney or city attorney may contest the motion.

(3) If the defendant does not appear asprovided by subsection (1) of this sectionwithin six months after the conclusion of thediversion period, and if the court finds thatthe defendant fully complied with and per-formed the conditions of the diversion agree-ment, and if it gives notice of that finding tothe district attorney or city attorney thecourt may on its own motion enter an orderdismissing the charge of driving while underthe influence of intoxicants with prejudice.

(4) No statement made by the defendantabout the offense with which the defendantis charged shall be offered or received in ev-idence in any criminal or civil action orproceeding arising out of the same conductwhich is the basis of the charge of driving



while under the influence of intoxicants, ifthe statement was made during the courseof the diagnostic assessment or the rehabili-tation program and to a person employed bythe program. [1983 c.338 §374; 1985 c.16 §195; 1987c.441 §7]

813.255 Termination of diversion. (1)At any time before the court dismisses withprejudice the charge of driving while underthe influence of intoxicants, the court on itsown motion or on the motion of the districtattorney or city attorney may issue an orderrequiring defendant to appear and showcause why the court should not terminatethe diversion agreement. The order to showcause shall state the reasons for the pro-posed termination and shall set an appear-ance date.

(2) The order to show cause shall beserved on the defendant and on the defend-ant′s attorney, if any. Service may be madeby first class mail, postage paid, addressed tothe defendant at the mailing address shownon the diversion petition and agreement orat any other address that the defendant pro-vides in writing to the court.

(3) The court shall terminate the diver-sion agreement and enter the guilty plea orno contest plea that was filed as part of thepetition for the diversion agreement if:

(a) At the hearing on the order to showcause, the court finds by a preponderance ofthe evidence that any of the reasons for ter-mination described in this section exist; or

(b) The defendant fails to appear at thehearing on the order to show cause.

(4) If the court terminates the diversionagreement and enters the guilty plea or nocontest plea, the court may take into accountat time of sentencing any partial fulfillmentby the defendant of the terms of the diver-sion agreement.

(5) The court shall terminate a diversionagreement under this section for any of thefollowing reasons:

(a) The defendant fails to fulfill the termsof the diversion agreement.

(b) The defendant does not qualify for thediversion agreement under the criteria inORS 813.215. [1987 c.441 §9; 2003 c.816 §5]

813.260 Designation of agencies toperform diagnostic assessments; dutiesof agency. (1) Courts having jurisdictionover driving while under the influence of in-toxicants offenses shall designate agencies ororganizations to perform the diagnostic as-sessment and treatment required under driv-ing while under the influence of intoxicantsdiversion agreements described in ORS813.200. The designated agencies or organ-izations must meet the standards set by the

Director of the Oregon Health Authority toperform the diagnostic assessment and treat-ment of problem drinking, alcoholism anddrug dependency and must be certified by theDirector of the Oregon Health Authority.Wherever possible a court shall designateagencies or organizations to perform the di-agnostic assessment that are separate fromthose that may be designated to carry out aprogram of treatment.

(2) Monitoring of a defendant′s progressunder a diversion agreement shall be the re-sponsibility of the diagnostic assessmentagency or organization. It shall make a re-port to the court stating the defendant′ssuccessful completion or failure to completeall or any part of the treatment programspecified by the diagnostic assessment. Theform of the report shall be determined byagreement between the court and the diag-nostic assessment agency or organization.The court shall make the report of the diag-nostic assessment agency or organizationthat is required by this subsection a part ofthe record of the case. [1983 c.338 §375; 1991 c.557§7; 2009 c.595 §1144]

813.270 Intoxicated Driver ProgramFund; creation; uses. The IntoxicatedDriver Program Fund is created to consistof moneys placed in the fund under ORS813.030 and 813.240 or as otherwise providedby law and of gifts and grants made to thefund for carrying out the purposes of thefund. The moneys in the fund may be usedonly for the following purposes:

(1) To pay for providing treatment for in-dividuals who enter diversion agreementsunder ORS 813.200 and who are found to beindigent. Payment for treatment under thissubsection may include treatment for prob-lem drinking, alcoholism or drug dependency.Payment shall be made as provided by theDirector of the Oregon Health Authority byrule to agencies or organizations providingtreatment.

(2) To pay for evaluation as provided bylaw of programs used for diversion agree-ments.

(3) To pay the cost of administration ofthe fund by the Oregon Health Authority.

(4) To pay for materials, resources andtraining supplied by the authority to thosepersons, organizations or agencies perform-ing the diagnostic assessments or providingeducation or treatment to persons under di-version agreements.

(5) To pay for providing treatment pro-grams required under ORS 813.020 andtreatment or information programs requiredunder ORS 471.432 for individuals who arefound to be indigent.



(6) To pay for special services required toenable a person with a disability, or a personwhose proficiency in the use of English islimited because of the person′s national ori-gin, to participate in treatment programsthat are used for diversion agreements underORS 813.200 or are required under ORS813.020. This subsection applies:

(a) Whether or not the person is indigent;and

(b) Only to special services requiredsolely because of the person′s disability orlimited 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; 2009 c.595 §1145]

EVIDENCE813.300 Use of blood alcohol percent-

age as evidence; percentage required forbeing under the influence. (1) At the trialof any civil or criminal action, suit or pro-ceeding arising out of the acts committed bya person driving a motor vehicle while underthe influence of intoxicants, if the amount ofalcohol in the person′s blood at the time al-leged is less than 0.08 percent by weight ofalcohol as shown by chemical analysis of theperson′s breath or blood, it is indirect evi-dence that may be used with other evidence,if any, to determine whether or not the per-son was then under the influence of intox-icants.

(2) Not less than 0.08 percent by weightof alcohol in a person′s blood constitutes be-ing under the influence of intoxicating liq-uor.

(3) Notwithstanding subsection (2) of thissection, for purposes of the Motorist ImpliedConsent Law as defined in ORS 801.010, fora person who is under 21 years of age, anyamount of alcohol in the blood constitutesbeing under the influence of intoxicating liq-uor.

(4) Percent by weight of alcohol in theblood shall be based upon grams of alcoholper 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 testadmissible as evidence. If a person refusesto submit to a chemical test under ORS813.100 or refuses to consent to chemicaltests under ORS 813.140, evidence of theperson′s refusal is admissible in any civil orcriminal action, suit or proceeding arisingout of acts alleged to have been committedwhile the person was driving a motor vehicleon premises open to the public or the high-ways while under the influence of intox-icants. [1983 c.338 §595; 1985 c.16 §301]

813.320 Effect of implied consent lawon evidence. (1) The provisions of the im-plied consent law, except ORS 813.300, shallnot be construed by any court to limit theintroduction of otherwise competent, rele-vant evidence in any civil action, suit orproceedings or in any criminal action otherthan a violation of ORS 813.010 or a similarmunicipal ordinance in proceedings underORS 813.410.

(2) The provisions of the implied consentlaw shall not be construed by any court tolimit the introduction of otherwise compe-tent, relevant evidence of the amount of al-cohol in the blood of a defendant in aprosecution for driving while under the in-fluence of intoxicants if:

(a) The evidence results from a test ofblood taken from the defendant while thedefendant was hospitalized or otherwise re-ceiving medical care, whether or not the de-fendant consented to the drawing of blood orto the test; or

(b) The evidence is obtained pursuant toa search warrant. [1983 c.338 §596; 1985 c.16 §302;1999 c.437 §1]

813.322 Department of State Policerules regarding breath tests as evidence;validity of officer′s permit. (1) A courtshall, at the request of a party to the case,admit into evidence, without certification, acopy of administrative rules of the Depart-ment of State Police addressing methods ofconducting chemical tests of a person′sbreath in a proceeding arising from the ar-rest of a person for driving while under theinfluence of intoxicants.

(2) If a police officer testifies in a pro-ceeding arising from the arrest of a personfor driving while under the influence of in-toxicants that the officer has a valid permitto perform analysis of a person′s breath, thedefendant has the burden of moving forwardwith evidence to show that the officer doesnot have a valid permit. [1999 c.446 §2]

Note: 813.322 was added to and made a part of theOregon Vehicle Code by legislative action but was notadded to ORS chapter 813 or any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

813.324 Use of testimony from impliedconsent hearing as evidence in prose-cution. (1) If the prosecuting attorney or theattorney for the defendant in a prosecutionfor driving while under the influence of in-toxicants obtains a tape or a transcript of ahearing held for the defendant under ORS813.410, the attorney must provide a copy ofthe tape or transcript to the attorney for theother party at least seven days prior to thefirst date set for trial. If the attorney fails tosupply the material in the time required,testimony from the hearing may not be ad-



mitted in evidence in the trial for any pur-pose, unless the attorney shows good causefor the failure to make the material avail-able.

(2) The cost of a copy of a tape or tran-script furnished under subsection (1) of thissection shall be borne by the party who re-ceives the copy.

(3) Nothing in this section requires atape to be transcribed by the attorney whois required to provide a tape or transcriptunder subsection (1) of this section. [1999 c.831§3]

Note: 813.324 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

813.326 Felony driving while under theinfluence of intoxicants; prior con-victions. (1) In a prosecution for felonydriving while under the influence of intox-icants under ORS 813.010, the state shallplead the prior convictions and shall provethe prior convictions unless the defendantstipulates to that fact prior to trial. If thedefendant so stipulates and the trial is byjury:

(a) The court shall accept the stipulationregardless of whether or not the state agreesto it;

(b) The defendant′s stipulation to theprior convictions constitutes a judicial ad-mission to that element of the accusatoryinstrument. The stipulation shall be made apart of the record of the case, but shall notbe offered or received in the presence of thejury;

(c) For the purpose of establishing theprior convictions solely as an element of thecrime under ORS 813.010, neither the courtnor the state shall reveal to the jury theprior convictions, but the prior convictionsare established in the record by the defend-ant′s stipulation; and

(d) The court shall not submit the accu-satory instrument or evidence of the priorconvictions to the jury.

(2) In a proceeding under ORS 813.010,the state may offer, and the court may re-ceive and submit to the jury, evidence of theprior convictions for impeachment of the de-fendant or another purpose, other than es-tablishing the prior convictions as anelement of the offense, when the evidence ofthe prior convictions is otherwise admissiblefor that purpose. When evidence of the priorconvictions has been admitted by the court,the state may comment upon, and the courtmay give instructions about, the evidence ofthe prior convictions only to the extent that

the comments or instructions relate to thepurpose for which the evidence was admitted.

(3) When the defendant stipulates to theprior convictions required as an element offelony driving while under the influence ofintoxicants under ORS 813.010, if the juryfinds the defendant guilty upon instructionregarding the balance of the elements of thecrime, the court shall enter a judgment ofguilty of felony driving while under the in-fluence of intoxicants.

(4) As used in this section, “conviction”includes a juvenile adjudication. [1999 c.1049§5; 2009 c.525 §2]

Note: 813.326 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

813.328 Notice of intent to challengevalidity of prior convictions. (1) A defend-ant who challenges the validity of prior con-victions alleged by the state as an elementof felony driving while under the influenceof intoxicants must give notice of the intentto challenge the validity of the prior con-victions at least seven days prior to the firstdate set for trial on the felony charge. Thevalidity of the prior convictions shall be de-termined prior to trial by the court.

(2) As used in this section, “conviction”includes a juvenile adjudication. [1999 c.1049§4; 2009 c.525 §3]

SUSPENSION(For Conviction)

813.400 Suspension or revocation uponconviction; duration; review. (1) Except asprovided in subsection (2) of this section,upon receipt of a record of conviction formisdemeanor driving while under the influ-ence of intoxicants, the Department ofTransportation shall suspend the drivingprivileges of the person convicted. The sus-pension shall be for a period described underSchedule II of ORS 809.428, except the de-partment shall not reinstate any drivingprivileges to the person until the personcomplies with future responsibility filings. Aperson is entitled to administrative reviewunder ORS 809.440 of a suspension imposedunder this subsection.

(2) A person convicted of felony drivingwhile under the influence of intoxicants, ora person convicted of misdemeanor drivingwhile under the influence of intoxicants fora third or subsequent time, is subject to re-vocation of driving privileges as provided inORS 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; 2001c.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 uponany highway or on premises open to thepublic while under the influence of intox-icants constitutes grounds for commercialdriver license suspension. The following ap-ply to this section:

(1) Upon receipt of a record of convictionfor driving while under the influence of in-toxicants, the Department of Transportationshall suspend the person′s commercial driverlicense if the person was driving a commer-cial motor vehicle at the time the personcommitted the offense.

(2) The suspension shall be for a perioddescribed under ORS 813.404.

(3) A person is entitled to administrativereview under ORS 809.440 of a suspensionimposed under this section.

(4) Suspension under this section is inaddition to any suspension under ORS813.400. [1989 c.636 §40; 1991 c.702 §14; 2003 c.402 §41]

813.404 Duration of suspension ofcommercial driver license. When the De-partment of Transportation imposes a sus-pension of a commercial driver license underORS 813.403 or 813.410 (2), or when the de-partment imposes a suspension of a commer-cial driver license under ORS 809.413 (11) or(12) for conduct in another jurisdiction thatis substantially similar to that described ineither ORS 813.403 or 813.410 (2), the sus-pension shall be:

(1) For a period of one year if:(a) The person has not previously been

convicted of an offense described in ORS809.404 or had a commercial driver licensesuspended as described in ORS 809.404;

(b) The person was not driving a com-mercial motor vehicle containing a hazard-ous material at the time of the offense; and

(c) The suspension is either because theperson was convicted under ORS 813.010 orbecause a breath or blood test under ORS813.100 disclosed that the person had a levelof alcohol in the person′s blood that was 0.04percent or more by weight.

(2) For a period of three years if:(a) The person has not previously been


(b) The person was not driving a com-mercial motor vehicle containing a hazard-ous material at the time of the offense; and

(c) The suspension is for refusal of a testunder ORS 813.100.

(3) For a period of three years if:

(a) The person has not previously beenconvicted of an offense described in ORS809.404 or had a commercial driver licensesuspended as described in ORS 809.404;

(b) The person was driving a commercialmotor vehicle containing a hazardous mate-rial at the time of the offense; and

(c) The suspension is either because theperson was convicted under ORS 813.010 orbecause a breath or blood test under ORS813.100 disclosed that the person had a levelof alcohol in the person′s blood that was 0.04percent or more by weight.

(4) For a period of five years if:(a) The person has not previously been


(b) The person was driving a commercialmotor vehicle containing a hazardous mate-rial at the time of the offense; and

(c) The suspension is for refusal of a testunder ORS 813.100.

(5) For the lifetime of the person if theperson has previously been convicted of anoffense described in ORS 809.404 or had acommercial driver license suspended as de-scribed 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]

(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 receivesfrom a police officer a report that is in sub-stantial compliance with ORS 813.120, thedepartment shall suspend the driving privi-leges of the person in this state on the 30thday after the date of arrest or, if the reportindicates that the person failed a blood test,on the 60th day after receipt of the report,unless, at a hearing described under thissection, the department determines that thesuspension would not be valid as describedin this section. A suspension of driving priv-ileges imposed under this subsection shall befor a period of time established under ORS813.420.

(2) If the department receives from a po-lice officer a report pursuant to ORS 813.120that discloses that the person holds a com-mercial driver license and that the personwas driving a motor vehicle or commercialmotor vehicle and refused to submit to a testunder ORS 813.100 or that the person wasdriving a commercial motor vehicle and sub-mitted to a breath or blood test and the per-son′s blood, as shown by the test, had 0.04percent or more by weight of alcohol, the



department shall suspend the person′s com-mercial driver license on the 30th day afterthe date of arrest or, if the report indicatesthat the person failed a blood test, on the60th day after receipt of the report, unless,at a hearing described under this section, thedepartment determines that the suspensionwould not be valid as described in this sec-tion. A commercial driver license suspensionimposed under this subsection shall be for aperiod of time established under ORS 813.404.

(3) If within 10 days from the date of ar-rest, or, if the person fails a blood test,within 10 days from the date the departmentsends notice of suspension, the departmentreceives a written request for a hearing froma person whose driving privileges or com-mercial driver license the department pro-poses to suspend under this section, thedepartment shall provide a hearing in accor-dance with this section. Except as otherwiseprovided under this section, a hearing heldby the department under this section shallbe subject to the provisions for contestedcases, other than appeal provisions, underORS chapter 183. The applicable appeal pro-visions are as provided under ORS 813.450and section 24, chapter 672, Oregon Laws1985. Notwithstanding ORS 809.430, the de-partment is not required to give any noticeof intent to suspend or suspension in addi-tion to that provided under ORS 813.100.

(4) A hearing required by this section issubject to all of the following:

(a) The hearing shall be before an ad-ministrative law judge assigned from the Of-fice of Administrative Hearings establishedunder ORS 183.605.

(b) Unless there is an agreement betweenthe person and the department that thehearing be conducted elsewhere, the hearingshall be held either in the county where thealleged offense occurred or at any placewithin 100 miles of the place where the of-fense is alleged to have occurred, as estab-lished by the department by rule.

(c) The department may authorize theadministrative law judge to issue a final or-der in any case.

(d) A person who requests a hearing un-der this section and who fails, without justcause, to appear in person or through an at-torney waives the right to a hearing. If aperson waives a right to a hearing under thisparagraph, the department is not required tomake any showing at hearing.

(e) Except as provided in ORS 813.440 orupon remand under ORS 813.450, the depart-ment shall hold the hearing and issue a finalorder within 30 days of the date of the arrestor, if the person fails a blood test, within 60

days from the date the department receivedthe report of the failure.

(f) In connection with the hearing, thedepartment or its authorized representativemay administer oaths and shall issue sub-poenas for the attendance of witnesses at thehearing requested by the person or the de-partment and the production of relevant doc-uments.

(g) The hearing shall be recorded bywhatever means may be determined by thedepartment and shall include testimony andexhibits, if any. The record of the pro-ceedings shall not be transcribed unless re-quested by a party to the proceeding.

(5) This subsection shall be narrowlyconstrued so as to effect the legislative pur-pose of limiting the scope of hearings underthis section. The scope of a hearing underthis section shall be limited to whether thesuspension is valid as described in this sub-section. A suspension under this section isvalid if all of the following requirementshave been met:

(a) The person, at the time the personwas requested to submit to a test under ORS813.100, was under arrest for driving whileunder the influence of intoxicants in vio-lation of ORS 813.010 or a municipal ordi-nance.

(b) The police had reasonable grounds tobelieve, at the time the request was made,that the person arrested had been drivingunder the influence of intoxicants in vio-lation of ORS 813.010 or of a municipal ordi-nance.

(c) The person refused a test under ORS813.100, or took a breath or blood test andthe test disclosed that the level of alcohol inthe person′s blood at the time of the testwas:

(A) 0.08 percent or more by weight if theperson was not driving a commercial motorvehicle;

(B) 0.04 percent or more by weight if theperson was driving a commercial motor ve-hicle; or

(C) Any amount if the person was under21 years of age.

(d) If the report under ORS 813.120 indi-cates that the person was driving a commer-cial motor vehicle, the vehicle was in fact acommercial motor vehicle as defined in ORS801.208.

(e) The person had been informed underORS 813.100 of rights and consequences asdescribed under ORS 813.130.

(f) The person was given written noticerequired under ORS 813.100.



(g) If the person arrested submitted to atest under ORS 813.100, the person adminis-tering the test was qualified to administerthe test under ORS 813.160.

(h) If the person arrested submitted to atest under ORS 813.100, the methods, proce-dures and equipment used in the test com-plied with requirements under ORS 813.160.

(6) A suspension imposed under this sec-tion shall remain in effect pending any ap-peal or remand of a final order issued underthis section and there shall be no stay of thesuspension pending appeal or remand.

(7) Unless a person fails, without justcause, to appear in person or through an at-torney at a hearing requested under thissection, a person shall have the right to ap-peal any final order by the department aftera hearing under this section by filing a peti-tion. The following apply to this subsection:

(a) The person shall file the petition inthe circuit court for the county where theperson resides or, if the person does not re-side in Oregon, in the circuit court of thecounty in which the arrest took place within30 days after issuance of the final order ofthe department.

(b) The court upon receipt of the petitionshall set the matter for hearing upon 10days′ notice to the department and the peti-tioner unless hearing is waived by both thedepartment 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; 2005c.649 §27; 2007 c.288 §18]

813.412 Role of peace officer in impliedconsent hearing. Notwithstanding ORS9.160 and 9.320, in any hearing under ORS813.410 in which a city attorney or districtattorney does not appear, the peace officerwho issued the citation for the offense maypresent evidence, examine and cross-examinewitnesses and make arguments relating to:

(1) The application of statutes and rulesto the facts in the case;

(2) The literal meaning of the statutes orrules 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 Legisla-

tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

813.420 Duration of suspension for re-fusal or failure of test. When the Depart-ment of Transportation imposes a suspensionunder ORS 813.410, the suspension shall befor a period of time determined according tothe following:

(1) If the suspension is for refusal of atest under ORS 813.100 and the person is notsubject to an increase in the suspension timefor reasons described in ORS 813.430, thesuspension shall be for a period of one year.

(2) If the suspension is for refusal of atest under ORS 813.100 and the person issubject to an increase in the suspension timefor reasons described in ORS 813.430, thesuspension shall be for a period of threeyears.

(3) If the suspension is because a breathor blood test under ORS 813.100 disclosedthat the person had a level of alcohol in theperson′s blood that constituted being underthe influence of intoxicating liquor underORS 813.300 and the person is not subject toan increase in the suspension time for rea-sons described in ORS 813.430, the suspen-sion shall be for a period of 90 days.

(4) If the suspension is because a breathor blood test under ORS 813.100 disclosedthat the person had a level of alcohol in theperson′s blood that constituted being underthe influence of intoxicating liquor underORS 813.300 and the person is subject to anincrease in the suspension time for reasonsdescribed in ORS 813.430, the suspensionshall 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 dura-tion of suspension. This section establishescircumstances under which ORS 813.420 re-quires an increase in the time for suspensionof driving privileges and under which ORS813.520 requires an increase in the time be-fore the Department of Transportation mayissue a hardship permit. A person is subjectto an increase in suspension time under thissection if any of the following apply:

(1) The person is presently participatingin a driving while under the influence of in-toxicants diversion program in this state orin any similar alcohol or drug rehabilitationprogram in this or another jurisdiction.

(2) Within the five years preceding thedate of arrest any of the following occurred:

(a) A suspension of the person′s drivingprivileges under ORS 813.410 or 482.540 (1981Replacement 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 in-

toxicants offense in another jurisdiction that



involved the impaired driving of a vehicledue to the use of intoxicating liquor, a con-trolled substance, an inhalant or any combi-nation thereof; or

(C) A driving offense in another jurisdic-tion that involved operating a vehicle whilehaving a blood alcohol content above thatjurisdiction′s permissible blood alcohol con-tent.

(c) The person commenced participatingin a driving while under the influence of in-toxicants diversion program in this state orin any similar alcohol or drug rehabilitationprogram in this or another jurisdiction.

(3) For the purposes of subsection (2)(b)of this section, a conviction for a driving of-fense in another jurisdiction based solely ona person under 21 years of age having ablood alcohol content that is lower than thepermissible blood alcohol content in that ju-risdiction for a person 21 years of age orolder 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 valid-ity of suspension; rules. (1) Notwithstand-ing ORS 813.410, the Department ofTransportation may provide a hearing to de-termine the validity of a suspension underORS 813.410 only if the time requirementsunder ORS 813.410 could not be met becauseof any of the following:

(a) The person′s physical incapacity, ver-ified by a physician to the satisfaction of thedepartment to be of a nature that wouldprevent the person from making the appro-priate request or attending the hearing.

(b) A death in the immediate family ofthe person, verified to the satisfaction of thedepartment.

(c) An error of the department.(d) The inability of a subpoenaed police

officer to appear due to the officer′s illness,vacation or official duty conflicts. The de-partment shall set forth by rule the condi-tions that constitute “official dutyconflicts.” A hearing may not be rescheduledmore than once for reasons described in thisparagraph.

(e) A request for a change of administra-tive law judge under ORS 183.645.

(f) The inability of the person′s attorneyto appear due to the attorney′s illness, vaca-tion or scheduling conflict arising from othercourt or administrative hearing appearances.A hearing must be rescheduled no later than45 days after the date of the original hearingand may not be rescheduled more than oncefor reasons described in this paragraph.

(g) Other just cause as defined by thedepartment by administrative rule.

(2) A hearing held under this section issubject to the same provisions as a hearingheld under ORS 813.410, except that the de-partment is not required to hold the hearingand make the determination within the timerequired by ORS 813.410.

(3) The granting of a hearing under thissection shall not delay the imposition of asuspension under ORS 813.410 within thetime required under ORS 813.410. However,if a person establishes that the person wasdeprived by either department error or asubpoenaed police officer′s illness, vacationor official duty conflicts of an opportunity toappear at a hearing, the department shallrescind the suspension and shall promptlyschedule a subsequent hearing to determinethe validity of the suspension under ORS813.410. In other cases under this section,when the department is unable to hold thehearing within the time required by ORS813.410, the department shall rescind anysuspension imposed under ORS 813.410 onlyif the department determines, at a hearingheld under this section, that the suspensionwas not valid as described under ORS813.410.

(4) The following apply to this section:(a) The department shall issue a final or-

der within 10 days after the hearing de-scribed in this section.

(b) If the department has rescinded asuspension under subsection (3) of this sec-tion and if the department, at the hearingdescribed in this section, determines that thesuspension is valid as described under ORS813.410, the department shall reinstate thesuspension effective five days after the finalorder is issued.

(c) Notwithstanding ORS 809.430, no ad-ditional notice or order of suspension needbe 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; 2009 c.520 §1]

813.450 Appeal from suspension forrefusal or failure of breath test. (1) Thepetition to the circuit court appealing an or-der of the Department of Transportation af-ter a hearing under ORS 813.410 shall statethe nature of the petitioner′s interest and theground or grounds upon which the petitionercontends the order should be reversed or re-manded.

(2) The court shall conduct the reviewwithout a jury. Review shall be limited tothe record of the department′s hearing.

(3) Any party to the proceedings beforethe circuit court may appeal from the judg-ment of the court to the Court of Appeals.

(4) Upon review in the circuit court andCourt of Appeals, the court may affirm, re-verse or remand the order as follows:



(a) If the court finds that the departmenthas erroneously interpreted a provision oflaw and that a correct interpretation compelsa 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 interpre-tation of the provision of law.

(b) The court shall remand the order tothe department if it finds the department′sexercise of discretion to be any of the fol-lowing:

(A) Outside the range of discretion de-legated to the agency by law.

(B) Inconsistent with a department rule,an officially stated department position, or aprior department practice, if the inconsist-ency is not explained by the department.

(C) Otherwise in violation of a constitu-tional or statutory provision.

(c) The court shall set aside or remandthe order if it finds that the order is notsupported by substantial evidence in the re-cord.

(5) Upon review, the court shall affirmthe department′s order unless the court findsa ground for setting aside, modifying or re-manding to the department under a specifiedprovision of this section.

(6) In any review under this section, thecourt shall also review de novo determi-nations made by an agency that are subjectto ORS 183.650 (4). [1985 c.672 §23; 1999 c.849§§196,197; 2003 c.75 §69]

813.460 Department procedures uponverification of suspension of driving priv-ileges of wrong person. If the Departmentof Transportation verifies to its satisfactionthat it has suspended the driving privilegesof the wrong person under ORS 813.410 be-cause a person arrested for driving under theinfluence of intoxicants gave false identifica-tion at the time of the arrest, all the follow-ing apply:

(1) The department shall immediatelyrescind the suspension order under the falsename and shall issue a suspension order forthe period set forth in ORS 813.420 to theperson arrested.

(2) The department shall issue the orderin the manner set forth in ORS 809.430.

(3) No further notice of suspension needbe given.

(4) The time limitations in ORS 813.410(1), (2), (3) and (4)(e) do not apply to a sus-pension order issued under this section. [1985c.672 §25; 1989 c.636 §47]

813.470 Department notation on re-cord of person acquitted after suspen-sion. The Department of Transportation

shall make a notation on the driving recordof a person indicating that the person wasacquitted of a charge of driving under theinfluence of intoxicants if:

(1) The person′s driving privileges weresuspended because a breath or blood test un-der ORS 813.100 disclosed that the personhad a level of alcohol in the person′s bloodthat constituted being under the influence ofintoxicating liquor under ORS 813.300;

(2) An accusatory instrument was filedcharging the person with driving under theinfluence of intoxicants in violation of ORS813.010 arising out of the same incident thatled to the suspension of the person′s drivingprivileges;

(3) The person was acquitted of thecharge; and

(4) The person presents the departmentwith a certified copy of the judgment of ac-quittal from the court clearly showing thelocation of the court, the date of the arrestand the findings of the court. [1987 c.303 §2; 1993c.305 §8; 1995 c.568 §8]

HARDSHIP PERMITS813.500 Restrictions on issuance. (1) If

a person′s license is suspended for drivingwhile under the influence of intoxicants un-der ORS 813.400 and the suspension periodis determined by ORS 809.428 (2)(b) or (c),the Department of Transportation may onlyissue a hardship permit to the person underORS 807.240 if the person, in addition to anyrequirement under ORS 807.240 and any ap-plicable requirements under ORS 807.250 and813.520:

(a) Is examined by the Oregon HealthAuthority to determine whether the personhas a problem condition involving alcohol,inhalants or controlled substances as de-scribed in ORS 813.040; and

(b) Complies with the requirements ofthis section.

(2) If the authority determines that theperson has a problem condition involving al-cohol, inhalants or controlled substances, asdescribed in ORS 813.040, the departmentmay issue the permit to the person only ifboth the following apply:

(a) The person enrolled in a program forrehabilitation for alcoholism or drug depend-ence approved by the authority.

(b) The authority recommends, on thebasis of the person′s progress in the rehabil-itation program, such reinstatement in writ-ing to the department. If the authority makesa recommendation under this paragraph, theauthority shall state specifically in the rec-ommendation the times, places, routes anddays of the week minimally necessary for the



person to seek or retain employment, to at-tend any alcohol or drug treatment or re-habilitation program or to obtain necessarymedical treatment for the person or a mem-ber of the person′s immediate family.

(3) If the authority determines that theperson does not have a problem conditioninvolving alcohol, inhalants or controlledsubstances as described in ORS 813.040, thedepartment may issue the permit to the per-son only if, in addition to any requirementsunder ORS 807.240, the person enters an al-cohol or drug information program approvedby the authority and the department deter-mines that issuance of a permit is appropri-ate. If the department issues a permit to aperson described in this subsection, the de-partment shall require, under ORS 807.240,that the person complete the program as acondition of retaining the permit. [1983 c.338§328; 1985 c.16 §145; 1987 c.801 §13; 1989 c.401 §2; 1991c.557 §9; 1999 c.619 §13; 2003 c.23 §4; 2009 c.595 §1146]

813.510 Limitations on privilegesgranted by permit; conditions of permit.This section establishes limitations that theDepartment of Transportation is required orpermitted to place on hardship permits issuedunder ORS 807.240 to persons whose suspen-sion is based upon a conviction for drivingunder the influence of intoxicants or uponORS 813.100. Limitations placed on a hard-ship permit under this section are in additionto any limitations placed on the permit underORS 807.240. A person′s permit is subject tosuspension or revocation as provided underORS 807.240 if the department determinesthat the holder of the permit has violatedany limitation placed upon the permit underthis section. Violation of a limitation underthis section is punishable as provided by ORS811.175 or 811.182. The limitations are as de-scribed in the following:

(1) A hardship permit issued to the per-son shall limit the person′s driving privi-leges:

(a) To the times, places, routes and daysthe department determines to be minimallynecessary for the person to seek or retainemployment, to attend any alcohol or drugtreatment or rehabilitation program or toobtain required medical treatment for theperson or a member of the person′s immedi-ate family; and

(b) To times, places, routes and days thatare specifically stated.

(2) The person′s driving privileges underthe permit are subject to suspension or re-vocation if the person does not maintain agood driving record, as defined by the ad-ministrative rules of the department, duringthe term of the permit.

(3) If the person is in a rehabilitationprogram under ORS 813.500, the person mustcomplete the rehabilitation program.

(4) The department may require the per-son to complete a driver improvement pro-gram under ORS 809.480 as a condition ofthe permit.

(5) If the person is involved in a diver-sion agreement under ORS 813.220 and813.230, the department may require the per-son to successfully complete the diversionprogram as a condition of retaining the per-mit.

(6) The department shall condition thepermit so that the permit will be revoked ifthe person is convicted of any of the follow-ing:

(a) Reckless driving under ORS 811.140.(b) Driving under the influence of intox-

icants 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 po-

lice 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 toissue hardship permit or reinstate drivingprivileges. In addition to any provisions ofORS 807.240 and 813.510 or 807.250, this sec-tion establishes limitations on the authorityof the Department of Transportation to issuedriving privileges under ORS 807.240. Thedepartment may not reinstate any drivingprivileges or issue any hardship permit underORS 807.240 as provided under any of thefollowing:

(1) For a period of 90 days after the be-ginning of the suspension if the suspensionis for refusal of a test under ORS 813.100 andthe person is not subject to an increase inthe time before a permit may be issued forreasons described in ORS 813.430. This pe-riod of 90 days shall be reduced by the timethe department refused to issue a hardshippermit under subsection (5) or (6) of thissection if the person′s driving privileges weresuspended based on the same occurrence.

(2) For a period of 30 days after the be-ginning of the suspension if the suspensionis because a breath or blood test under ORS813.100 disclosed that the person had a levelof alcohol in the person′s blood that consti-tuted being under the influence of intoxicat-ing liquor under ORS 813.300 and the personis not subject to an increase in the time be-fore a hardship permit may be issued forreasons described in ORS 813.430. This pe-riod of 30 days shall be reduced by the time



the department refused to issue a hardshippermit under subsection (5) or (6) of thissection if the person′s driving privileges weresuspended based on the same occurrence.

(3) For a period of one year after the be-ginning of the suspension if the suspensionis because a breath or blood test under ORS813.100 disclosed that the person had a levelof alcohol in the person′s blood that consti-tuted being under the influence of intoxicat-ing liquor under ORS 813.300 and the personis subject to an increase in the time beforea hardship permit may be issued for reasonsdescribed under ORS 813.430. This period ofone year shall be reduced by the time thedepartment refused to issue a hardship per-mit under subsection (5) or (6) of this sectionif the person′s driving privileges were sus-pended based on the same occurrence.

(4) For a period of three years after thebeginning of the suspension if the suspensionis for refusal of a test under ORS 813.100 andthe person is subject to an increase in thetime before a hardship permit may be issuedfor reasons described in ORS 813.430. Thisperiod of three years shall be reduced by thetime the department refused to issue a hard-ship permit under subsection (5) or (6) of thissection if the person′s driving privileges weresuspended based on the same occurrence.

(5) For a period of 90 days after the be-ginning of the suspension under ORS 813.400if it is the person′s second conviction fordriving while under the influence of intox-icants if the suspension period is determinedby ORS 809.428 (2)(b). This period of 90 daysshall be reduced by the time the departmentrefused to issue a hardship permit undersubsection (1), (2), (3) or (4) of this section ifthe person′s driving privileges were sus-pended based on the same occurrence.

(6) For a period of one year after the be-ginning of the suspension under ORS 813.400for driving while under the influence of in-toxicants if the suspension period is deter-mined by ORS 809.428 (2)(c). This period ofone year shall be reduced by the time thedepartment refused to issue a hardship per-mit under subsection (1), (2), (3) or (4) of thissection if the person′s driving privileges weresuspended based on the same occurrence.

(7) To any person who has a mental orphysical condition or impairment that affectsthe person′s ability to safely operate a motorvehicle.

(8) If the suspension is based upon aconviction for a violation of ORS 813.010 oris imposed under ORS 813.410 based uponORS 813.100 to a person who has availablepublic or private transportation sufficient tofulfill the person′s transportation needs whilethe person is suspended.

(9) For a period of 30 days following im-position of suspension, if the person, withinthe previous year, has been convicted of atraffic crime and the suspension is basedupon a conviction for violation of ORS813.010 or is imposed under ORS 813.410based upon ORS 813.100. [1985 c.16 §148; 1985c.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; 2009 c.607 §1]

IGNITION INTERLOCK DEVICES813.600 Ignition interlock program;

rules. (1) The Department of Transportation,in consultation with the TransportationSafety Committee, shall establish a programfor the use of ignition interlock devices bypersons convicted of driving under the influ-ence of intoxicants and granted hardshippermits under ORS 807.240.

(2) The department shall adopt rules thatspecify requirements for ignition interlockdevices that may be used and shall publish alist of devices that meet the requirements.The list may include devices that:

(a) Do not impede the safe operation ofthe vehicle;

(b) Have the fewest opportunities to bebypassed;

(c) Correlate well with established mea-sures of alcohol impairment;

(d) Work accurately and reliably in anunsupervised environment;

(e) Require a deep lung breath sample orother accurate measure of blood alcoholcontent equivalence;

(f) Resist tampering and give evidence iftampering is attempted;

(g) Are difficult to circumvent, and re-quire premeditation to do so;

(h) Minimize inconvenience to a soberuser;

(i) Operate reliably over the range of au-tomobile environments or automobile manu-facturing standards;

(j) Are manufactured by a party who isadequately insured for product liability; and

(k) Have a label affixed in a prominentlocation warning that any person tamperingwith, circumventing or otherwise misusingthe device is subject to civil penalty. [1987c.746 §1; 1991 c.453 §14; 1993 c.382 §2]

813.602 Circumstances under whichignition interlock device required; costs;failure to install; penalty; exemptions;rules. (1) When a person is convicted ofdriving while under the influence of intox-icants in violation of ORS 813.010 or of amunicipal ordinance, the Department ofTransportation, in addition to any other re-quirement, shall require that an approved ig-



nition interlock device be installed and usedin any vehicle operated by the person:

(a) Before the person is eligible for ahardship permit. The requirement is a condi-tion of the hardship permit for the durationof the hardship permit.

(b) For a first conviction, for one yearafter the ending date of the suspension orrevocation caused by the conviction. Vio-lation of the condition imposed under thisparagraph is a Class A traffic violation.

(c) For a second or subsequent con-viction, for two years after the ending dateof the suspension or revocation caused bythe conviction. Violation of the conditionimposed under this paragraph is a Class Atraffic violation.

(2) If the court determines that approvedignition interlock devices are reasonablyavailable, the court may require as a condi-tion of a driving while under the influenceof intoxicants diversion agreement that anapproved ignition interlock device be in-stalled in any vehicle operated by the person.Courts may not exercise authority under thissubsection during any period the courts havenotice from the Office of Economic Analysisof the Oregon Department of AdministrativeServices that there are not sufficient moneysin the Intoxicated Driver Program Fund topay the costs under subsection (4) of thissection. The Office of Economic Analysis ofthe Oregon Department of AdministrativeServices may not issue any notice under thissubsection if federal funds are available topay the cost of the interlock devices for in-digents and costs of analysis of the use ofinterlock devices.

(3) Except as provided in subsection (4)of this section, if an ignition interlock sys-tem is ordered or required under subsection(1) or (2) of this section, the person so or-dered or required shall pay to the providerthe reasonable costs of leasing, installing andmaintaining the device. A payment schedulemay be established for the person by the de-partment.

(4) The department may waive, in wholeor in part, or defer the defendant′s responsi-bility to pay all or part of the costs undersubsection (3) of this section if the defendantmeets the criteria for indigence establishedfor waiving or deferring such costs undersubsection (5) of this section. If the defend-ant′s responsibility for costs is waived, thennotwithstanding ORS 813.270, the costs de-scribed in subsection (3) of this section mustbe paid from the Intoxicated Driver ProgramFund.

(5) The department, by rule, shall estab-lish criteria and procedures it will use forqualification to waive or defer costs de-

scribed under subsection (3) of this sectionfor indigence. The criteria must be consistentwith the standards for indigence adopted bythe federal government for purposes of theSupplemental Nutrition Assistance Program.

(6) At the end of the suspension or revo-cation resulting from the conviction, the de-partment shall suspend the driving privilegesor right to apply for driving privileges of aperson who has not submitted proof to thedepartment that an ignition interlock devicehas been installed or who tampers with anignition interlock device after it has beeninstalled. If the suspension is for failing tosubmit proof of installation, the suspensioncontinues until the department receives proofthat the ignition interlock device has beeninstalled or until one year after the endingdate of the suspension resulting from thefirst conviction or two years after the endingdate of the suspension resulting from a sec-ond or subsequent conviction, whichevercomes first. If the suspension is for tamper-ing with an ignition interlock device, thesuspension continues until one year after theending date of the suspension resulting fromthe first conviction or two years after theending date of the suspension resulting froma second or subsequent conviction. A personwhose driving privileges or right to apply forprivileges is suspended under this subsectionis entitled to administrative review, as de-scribed in ORS 809.440, of the action.

(7) The department shall adopt rules per-mitting medical exemptions from the re-quirements of installation and use of anignition interlock device under subsection (1)of this section. [1987 c.746 §2; 1989 c.576 §1; 1991c.453 §15; 1993 c.382 §3; 1993 c.627 §6; 1999 c.770 §7; 2001c.786 §4; 2003 c.26 §1; 2007 c.655 §1; 2009 c.599 §26]

813.604 Notice of court order; notationon hardship permit; rules. (1) When acourt orders installation of an ignition inter-lock device pursuant to ORS 813.602, thecourt shall send a copy of the order to theDepartment of Transportation. The depart-ment shall note the requirement on the driv-ing record of the person required to installthe device.

(2) The department may not issue ahardship permit under ORS 807.240 to anyperson who is ordered to install an ignitioninterlock device on the person′s vehicle untilthe person furnishes the department satis-factory proof that the device has been in-stalled on any vehicle owned or operated bythe person. The department shall determineby rule what constitutes satisfactory proofunder this subsection.

(3) When the department issues a hard-ship permit to a person who is required tohave an ignition interlock device, the de-partment shall note on the permit that the



device is required. The notation constitutesa limitation on the permit and a person whoviolates the limitation is punishable as pro-vided in ORS 811.182 for criminal drivingwhile suspended or revoked. [1987 c.746 §3; 1989c.398 §2; 1997 c.249 §235]

813.606 Exception for employee other-wise required to have device. Notwith-standing ORS 813.604, if a person is required,in the course and scope of the person′s em-ployment, to operate a motor vehicle ownedby the person′s employer, the person mayoperate that vehicle without installation ofan ignition interlock device if:

(1) The employer has been notified thatthe employee is operating with a hardshippermit restricted as provided in ORS 813.604or the employee is operating on a fully rein-stated license within the first six monthsfollowing suspension or revocation for driv-ing while under the influence of intoxicants;and

(2) The employee has proof of the notifi-cation or fully reinstated license in the pos-session of the employee while operating theemployer′s vehicle in the course of employ-ment. [1987 c.746 §4; 1999 c.770 §8; 2001 c.786 §5]

813.608 Knowingly furnishing motorvehicle without ignition interlock device;penalty. (1) A person commits the offense ofknowingly furnishing a motor vehicle with-out an ignition interlock device to someonewho is not authorized to drive such a vehicleif the person rents, leases, lends or otherwisefurnishes a motor vehicle to someone theperson knows to have been ordered or re-quired under ORS 813.602, to install an ig-nition interlock device, and the motorvehicle is not equipped with such a devicethat is in working order.

(2) The offense described in this section,knowingly furnishing a motor vehicle with-out an ignition interlock device to someonewho is not authorized to drive such a vehi-cle, is a Class A traffic violation. [1987 c.746§5; 1989 c.576 §2]

813.610 Soliciting another to blow intoignition interlock device; penalty. (1) Aperson commits the offense of unlawfully so-liciting another to blow into an ignitioninterlock device or start a motor vehicleequipped with an ignition interlock device if

the person has such a device as a result ofan order or requirement under ORS 813.602and the person requests or solicits anotherto blow into the device or start the motorvehicle so as to circumvent the device.

(2) The offense described in this section,unlawfully soliciting another to blow into anignition interlock device or start a motorvehicle equipped with an ignition interlockdevice, is a Class A traffic violation. [1987c.746 §6; 1989 c.576 §3]

813.612 Unlawfully blowing into ig-nition interlock device; penalty. (1) A per-son commits the offense of unlawfullyblowing into an ignition interlock device orstarting a motor vehicle equipped with anignition interlock device if, for the purposeof providing an operable motor vehicle forsomeone required under ORS 813.602 to havesuch a device, the person blows into an ig-nition interlock device or starts an automo-bile equipped with the device.

(2) This section does not apply to a per-son who is required to have an ignitioninterlock device and who blows into or startsthe person′s own vehicle that is so equipped.

(3) The offense described in this section,unlawfully blowing into an ignition interlockdevice or starting a motor vehicle equippedwith an ignition interlock device, is a ClassA traffic violation. [1987 c.746 §7]

813.614 Tampering with ignition inter-lock device; penalty. (1) A person commitsthe offense of tampering with an ignitioninterlock device if the person does anythingto a device that was ordered installed pursu-ant to ORS 813.602 that circumvents the op-eration 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 payfor ignition interlock program. Notwith-standing ORS 813.270, moneys in the Intox-icated Driver Program Fund may be used topay for administration and evaluation of theignition interlock program established byORS 813.600 to 813.616 and for the costs ofparticipation in the program for indigents.[1987 c.746 §8; 1993 c.382 §4]


OREGON VEHICLE CODE


Documents

813...DRIVING UNDER THE INFLUENCE OF INTOXICANTS813.012 GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty. (1) A person commits the offense of driving