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:
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:
{"@context":"https://schema.org","@graph":[{"@type":"WebPage","@id":"https://statutes.laws.com/test/","url":"https://statutes.laws.com/test/","name":"State Codes and Statutes - Statutes","isPartOf":{"@id":"https://statutes.laws.com/#website"},"datePublished":"2015-03-10T03:31:37+00:00","dateModified":"2019-12-27T23:25:16+00:00","breadcrumb":{"@id":"https://statutes.laws.com/test/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://statutes.laws.com/test/"]}]},{"@type":"BreadcrumbList","@id":"https://statutes.laws.com/test/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://statutes.laws.com/"},{"@type":"ListItem","position":2,"name":"State Codes and Statutes"}]},{"@type":"WebSite","@id":"https://statutes.laws.com/#website","url":"https://statutes.laws.com/","name":"Statutes","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://statutes.laws.com/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}
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:
