ORS Chapter 813

Chapter 813 — DrivingUnder the Influence of Intoxicants

2009 EDITION

DRIVINGUNDER THE INFLUENCE OF INTOXICANTS

OREGONVEHICLE CODE

GENERALPROVISIONS

813.010 Drivingunder the influence of intoxicants; penalty

813.012 Crimeclassification for purposes of rules of Oregon Criminal Justice Commission

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

813.021 Requirementsfor screening interview and treatment program

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

813.030 Amountof fee; distribution

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

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

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

IMPLIEDCONSENT

813.095 Offenseof refusal to take a test for intoxicants; penalty

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

813.110 Temporarypermit upon confiscation of license

813.120 Policereport to department

813.130 Rightsof and consequences for person asked to take test

813.131 Impliedconsent to urine test; privacy; laboratories for analysis

813.132 Consequencesof refusing to take urine test; exception

813.135 Impliedconsent to field sobriety tests

813.136 Consequenceof refusal or failure to submit to field sobriety tests

CHEMICALTESTS; METHODS AND REQUIREMENTS

813.140 Chemicaltest with consent; unconscious person

813.150 Chemicaltest at request of arrested person

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

PLEAAGREEMENT

813.170 Pleaagreement prohibited

DIVERSION

813.200 Noticeof availability of diversion; petition; form; contents

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

813.215 Eligibilityfor diversion

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

813.222 Rightof victim to be present at hearing

813.225 Petitionfor extension of diversion period; conditions

813.230 Diversionagreement; record; duration; effect of denial

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

813.240 Amountand distribution of filing fee; diagnostic assessment fee

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

813.255 Terminationof diversion

813.260 Designationof agencies to perform diagnostic assessments; duties of agency

813.270 IntoxicatedDriver Program Fund; creation; uses

EVIDENCE

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

813.310 Refusalto take chemical test admissible as evidence

813.320 Effectof implied consent law on evidence

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

813.324 Useof testimony from implied consent hearing as evidence in prosecution

813.326 Felonydriving while under the influence of intoxicants; prior convictions

813.328 Noticeof intent to challenge validity of prior convictions

SUSPENSION

(ForConviction)

813.400 Suspensionor revocation upon conviction; duration; review

(OfCommercial Driver License)

813.403 Suspensionof commercial driver license upon conviction; review

813.404 Durationof suspension of commercial driver license

(UnderImplied Consent Law)

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

813.412 Roleof peace officer in implied consent hearing

813.420 Durationof suspension for refusal or failure of test

813.430 Groundsfor increase in duration of suspension

813.440 Groundsfor hearing on validity of suspension; rules

813.450 Appealfrom suspension for refusal or failure of breath test

813.460 Departmentprocedures upon verification of suspension of driving privileges of wrongperson

813.470 Departmentnotation on record of person acquitted after suspension

HARDSHIPPERMITS

813.500 Restrictionson issuance

813.510 Limitationson privileges granted by permit; conditions of permit

813.520 Limitationson authority to issue hardship permit or reinstate driving privileges

IGNITIONINTERLOCK DEVICES

813.600 Ignitioninterlock program; rules

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

813.604 Noticeof court order; notation on hardship permit; rules

813.606 Exceptionfor employee otherwise required to have device

813.608 Knowinglyfurnishing motor vehicle without ignition interlock device; penalty

813.610 Solicitinganother to blow into ignition interlock device; penalty

813.612 Unlawfullyblowing into ignition interlock device; penalty

813.614 Tamperingwith ignition interlock device; penalty

813.616 Useof certain moneys to pay for ignition interlock program

GENERALPROVISIONS

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

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

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

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

(2)A person may not be convicted of driving while under the influence of intoxicantson the basis of being under the influence of a controlled substance or aninhalant unless the fact that the person was under the influence of acontrolled substance or an inhalant is pleaded in the accusatory instrument andis either proved at trial or is admitted by the person through a guilty plea.

(3)A person convicted of the offense described in this section is subject to ORS813.020 in addition to this section.

(4)Except as provided in subsection (5) of this section, the offense described inthis section, driving while under the influence of intoxicants, is a Class Amisdemeanor and is applicable upon any premises open to the public.

(5)(a)Driving while under the influence of intoxicants is a Class C felony if thecurrent offense was committed in a motor vehicle and the person has, at leastthree times in the 10 years prior to the date of the current offense, beenconvicted of, or been found to be within the jurisdiction of the juvenile courtfor an act that if committed by an adult would be, any of the followingoffenses in any combination:

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

(i)This section; or

(ii)The statutory counterpart to this section in another jurisdiction.

(B)A driving under the influence of intoxicants offense in another jurisdictionthat involved the impaired driving or operation of a vehicle, an aircraft or aboat due to the use of intoxicating liquor, a controlled substance, an inhalantor any combination thereof.

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

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

(6)In addition to any other sentence that may be imposed, the court shall imposeone or more of the following fines on a person convicted of driving while underthe influence of intoxicants as follows:

(a)For a person’s first conviction, a minimum of $1,000.

(b)For a person’s second conviction, a minimum of $1,500.

(c)For a person’s third or subsequent conviction, a minimum of $2,000 if theperson is not sentenced to a term of imprisonment.

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

(7)Notwithstanding ORS 161.635, $10,000 is the maximum fine that a court mayimpose on a person convicted of driving while under the influence ofintoxicants if:

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

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

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

(2)In determining criminal history for a person convicted of a felony that hasoperation of a motor vehicle as an element, or of a felony that involved death,injury or property damage caused by the use of a motor vehicle, the commissionshall:

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

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

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

(1)The court shall require the person to: