Chapter 813 — Chapter 813
85 sections in this chapter.
ORS 813.328 Notice of intent to challenge validity of prior convictions. (1) A defendant who challenges the validity of prior convictions alleged by the state as an element of felony driving while under the influence of intoxicants must give notice of the intent to challenge the validity of the prior convictions at least seven days prior to the first date set for trial on the felony charge. The validity of the prior convictions shall be determined prior to trial by the court
0.1K chars
(2) As used in this section, “conviction” includes a juvenile adjudication. [1999 c.1049 §4; 2009 c.525 §3] SUSPENSION (For Conviction)
ORS 813.400 Suspension or revocation upon conviction; duration; review; exemptions. (1) Except as provided in subsections (2) and (3) of this section, upon receipt of a record of conviction for misdemeanor driving while under the influence of intoxicants, the Department of Transportation shall suspend the driving privileges of the person convicted. The suspension shall be for a period described under Schedule II of ORS 809.428, except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. A person is entitled to administrative review under ORS 809.440 of a suspension imposed under this subsection
0.7K chars
(2) A person convicted of felony driving while under the influence of intoxicants, or a person convicted of misdemeanor driving while under the influence of intoxicants for a third or subsequent time, is subject to revocation of driving privileges as provided in ORS 809.235. (3) …
ORS 813.403 [1989 c.636 §40; 1991 c.702 §14; 2003 c.402 §41; repealed by 2013 c.237 §12]
0.0K chars
[Repealed or reserved.]
ORS 813.404 [1989 c.636 §41; 1991 c.185 §16; 1993 c.305 §5; 1995 c.568 §5; 2003 c.402 §42; 2005 c.649 §25; repealed by 2013 c.237 §12]
0.0K chars
(Under Implied Consent Law)
ORS 813.410 Suspension upon receipt of police report on implied consent test; hearing; validity of suspension; appeal; rules. (1) If the Department of Transportation receives from a police officer a report that is in substantial compliance with ORS 813.120, the department shall suspend the driving privileges of the person in this state on the 30th day after the date of arrest or, if the report indicates that the person failed a blood test, on the 60th day after receipt of the report, unless, at a hearing described under this section, the department determines that the suspension would not be valid as described in this section. A suspension of driving privileges imposed under this subsection shall be for a period of time established under ORS 813.420
9.0K chars
(2) If the department receives from a police officer a report under ORS 813.120 and the person holds commercial driving privileges and the person was driving a motor vehicle or commercial motor vehicle and refused to submit to a test under ORS 813.100 or the person was driving a …
ORS 813.412 Role of police officer in implied consent hearing. Notwithstanding ORS 9.160 and 9.320, in any hearing under ORS 813.410 in which a city attorney or district attorney does not appear, a police officer actively involved in the investigation of the offense may present evidence, examine and cross-examine witnesses and make arguments relating to
0.5K chars
(1) The application of statutes and rules to the facts in the case; (2) The literal meaning of the statutes or rules at issue in the case; (3) The admissibility of evidence; and (4) Proper procedures to be used in the hearing. [1999 c.831 §4; 2010 c.37 §2] Note: 813.412 was enact…
ORS 813.420 Duration of suspension for refusal or failure of test. When the Department of Transportation imposes a suspension under ORS 813.410, the suspension shall be for a period of time determined according to the following
1.3K chars
(1) If the suspension is for refusal of a test under ORS 813.100 and the person is not subject to an increase in the suspension time for reasons described in ORS 813.430, the suspension shall be for a period of one year. (2) If the suspension is for refusal of a test under ORS 81…
ORS 813.430 Grounds for increase in duration of suspension. This section establishes circumstances under which ORS 813.420 requires an increase in the time for suspension of driving privileges and under which ORS 813.520 requires an increase in the time before the Department of Transportation may issue a hardship permit. A person is subject to an increase in suspension time under this section if any of the following apply
1.8K chars
(1) The person is presently participating in a driving while under the influence of intoxicants diversion program in this state or in any similar alcohol or drug rehabilitation program in this or another jurisdiction. (2) Within the five years preceding the date of arrest any of …
ORS 813.440 Grounds for hearing on validity of suspension; rules. (1) Notwithstanding ORS 813.410, the Department of Transportation may provide a hearing to determine the validity of a suspension under ORS 813.410 only if the time requirements under ORS 813.410 could not be met because of any of the following
3.0K chars
(a) The person’s physical incapacity, verified by a physician to the satisfaction of the department to be of a nature that would prevent the person from making the appropriate request or attending the hearing. (b) A death in the immediate family of the person, verified to the sat…
ORS 813.450 Appeal from suspension for refusal or failure of breath test. (1) The petition to the circuit court appealing an order of the Department of Transportation after a hearing under ORS 813.410 shall state the nature of the petitioner’s interest and the ground or grounds upon which the petitioner contends the order should be reversed or remanded
1.7K chars
(2) The court shall conduct the review without a jury. Review shall be limited to the record of the department’s hearing. (3) Any party to the proceedings before the circuit court may appeal from the judgment of the court to the Court of Appeals. (4) Upon review in the circuit co…
ORS 813.460 Department procedures upon verification of suspension of driving privileges of wrong person. If the Department of Transportation verifies to its satisfaction that it has suspended the driving privileges of the wrong person under ORS 813.410 because a person arrested for driving under the influence of intoxicants gave false identification at the time of the arrest, all the following apply
0.5K chars
(1) The department shall immediately rescind the suspension order under the false name and shall issue a suspension order for the period set forth in ORS 813.420 to the person arrested. (2) The department shall issue the order in the manner set forth in ORS 809.430. (3) No furthe…
ORS 813.470 Department notation on record of person acquitted after suspension. The Department of Transportation shall make a notation on the driving record of a person indicating that the person was acquitted of a charge of driving under the influence of intoxicants if
0.8K chars
(1) The person’s driving privileges were suspended because a breath or blood test under ORS 813.100 disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300; (2) An accusatory instru…
ORS 813.500 [1983 c.338 §328; 1985 c.16 §145; 1987 c.801 §13; 1989 c.401 §2; 1991 c.557 §9; 1999 c.619 §13; 2003 c.23 §4; 2009 c.595 §1146; 2017 c.21 §88; 2017 c.319 §4; repealed by 2018 c.76 §1]
0.0K chars
[Repealed or reserved.]
ORS 813.510 [1983 c.338 §329; 1985 c.16 §146; 1987 c.730 §21; 1987 c.801 §14; 1991 c.208 §5; 2003 c.23 §5; 2017 c.319 §5; repealed by 2018 c.76 §1]
0.0K chars
(Hardship Permits)
ORS 813.520 Limitations on authority to issue hardship permit or reinstate driving privileges. The Department of Transportation may not reinstate any driving privileges or issue any hardship permit under ORS 807.240 as provided under any of the following
2.3K chars
(1) For a period of 90 days after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 and the person is not subject to an increase in the time before a permit may be issued for reasons described in ORS 813.430. (2) For a period of 30 days …
ORS 813.599 Definitions. As used in ORS chapter 813
2.7K chars
(1) “Ignition interlock device technician” means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices. (2) “Manufacturer’s representative” means a business entity: (a) That is registered with or authorized by the…
ORS 813.600 Ignition interlock program; rules. (1) The Department of State Police, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving while under the influence of intoxicants and granted hardship permits under ORS 807.240 and by persons who have entered into a driving while under the influence of intoxicants diversion agreement
1.5K chars
(2) The department shall adopt rules that specify requirements for ignition interlock devices that may be used and shall publish a list of devices that meet the requirements. The list may include devices that: (a) Do not impede the safe operation of the vehicle; (b) Have the fewe…
ORS 813.602 Circumstances under which ignition interlock device required; exemptions; rules. (1) Subject to subsections (2) and (6) of this section, when a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person
5.0K chars
(a) Before the person is eligible for a hardship permit. The requirement is a condition of the hardship permit for the duration of the hardship permit. (b) For a first conviction, for one year after the ending date of the suspension or revocation caused by the conviction. Violati…
ORS 813.603 Waiver of costs of ignition interlock device; rules. (1) Except as provided in subsection (2) of this section, if an ignition interlock device is ordered or required under ORS 813.602, the person so ordered or required shall pay to the manufacturer’s representative the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the Department of State Police, in consultation with the Transportation Safety Committee
1.1K chars
(2) The department may waive, in whole or in part, or defer the person’s responsibility to pay all or part of the costs under subsection (1) of this section if the person meets the criteria for indigence established for waiving or deferring such costs under subsection (3) of this…
ORS 813.604 Notice of court order; notation on hardship permit; rules. (1) When a court orders installation of an ignition interlock device pursuant to ORS 813.602, the court shall send a copy of the order to the Department of Transportation. The department shall note the requirement on the driving record of the person required to install the device
0.8K chars
(2) The department may not issue a hardship permit under ORS 807.240 to any person who is ordered to install an ignition interlock device on the person’s vehicle until the person furnishes the department satisfactory proof that the device has been installed on any vehicle owned o…
ORS 813.606 Exception for employee otherwise required to have device. Notwithstanding ORS 813.604, if a person is required, in the course and scope of the person’s employment, to operate a motor vehicle owned by the person’s employer, the person may operate that vehicle without installation of an ignition interlock device if
1.1K chars
(1) The employer has been notified: (a) That the employee is operating with a hardship permit restricted as provided in ORS 813.604; (b) That the employee is operating on a fully reinstated license within the first year following suspension or revocation for the employee’s first …
ORS 813.608 Knowingly furnishing motor vehicle without ignition interlock device; penalty. (1) A person commits the offense of knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle if the person rents, leases, lends or otherwise furnishes a motor vehicle to someone the person knows to have been ordered or required under ORS 813.602, to install an ignition interlock device, and the motor vehicle is not equipped with such a device that is in working order
0.2K chars
(2) The offense described in this section, knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle, is a Class A traffic violation. [1987 c.746 §5; 1989 c.576 §2]
ORS 813.610 Soliciting another to blow into ignition interlock device; penalty. (1) A person commits the offense of unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device
0.2K chars
(2) The offense described in this section, unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device, is a Class A traffic violation. [1987 c.746 §6; 1989 c.576 §3]
ORS 813.612 Unlawfully blowing into ignition interlock device; penalty. (1) A person commits the offense of unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device if, for the purpose of providing an operable motor vehicle for someone required under ORS 813.602 to have such a device, the person blows into an ignition interlock device or starts an automobile equipped with the device
0.4K chars
(2) This section does not apply to a person who is required to have an ignition interlock device and who blows into or starts the person’s own vehicle that is so equipped. (3) The offense described in this section, unlawfully blowing into an ignition interlock device or starting …
ORS 813.614 Tampering with ignition interlock device; penalty. (1) A person commits the offense of tampering with an ignition interlock device if the person does anything to a device that was ordered installed pursuant to ORS 813.602 that circumvents the operation of the device
0.1K chars
(2) The offense described in this section, tampering with an ignition interlock device, is a Class A traffic violation. [1987 c.746 §9]
ORS 813.616 Use of certain moneys to pay for ignition interlock program. Notwithstanding ORS 813.270, moneys in the Intoxicated Driver Program Fund may be used to pay for administration and evaluation of the ignition interlock program established by ORS 813.600 to 813.616 and for the costs of participation in the program for indigents. [1987 c.746 §8; 1993 c.382 §4]
0.0K chars
[Repealed or reserved.]
ORS 813.620 Suspension of driving privileges for failing to provide proof of device installation or for tampering with device. (1) At the end of the suspension or revocation resulting from a conviction for driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation shall suspend the driving privileges or right to apply for driving privileges of a person who has not submitted proof to the department that an ignition interlock device has been installed in any vehicle operated by the person or who tampers with an ignition interlock device after it has been installed
1.6K chars
(2) Subject to ORS 813.635, if the department imposes a suspension under subsection (1) of this section for failing to submit proof of installation, the suspension continues until the department receives proof that the ignition interlock device has been installed. If the departme…
ORS 813.630 Notice of ignition interlock device installation and negative reports. (1) This section applies only to a person who has had an ignition interlock device installed as a condition of a driving while under the influence of intoxicants diversion agreement under ORS 813.602 (3)
1.4K chars
(2) After an ignition interlock device is installed, the manufacturer’s representative that installed the device shall notify: (a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the O…
ORS 813.635 Consequence for negative reports generated from ignition interlock device; rules. (1) Notwithstanding ORS 813.602 (1)(b) or (c), (2) or (3), the requirement to have an ignition interlock device installed in a vehicle continues until the person submits to the Department of Transportation a certificate from the ignition interlock device manufacturer’s representative stating that the device did not record a negative report for the last 90 consecutive days of the required installation period. The department shall remove the ignition interlock device requirement from the person’s driving record as soon as practicable after the department receives the certificate
1.4K chars
(2) Except as provided in subsection (3) of this section, if there is a negative report during the last 90 consecutive days, the person shall continue to use an ignition interlock device beyond the period required under ORS 813.602 (1)(b) or (c), (2) or (3) until the person submi…
ORS 813.640 Additional treatment following negative reports. In addition to any other requirement to participate in an alcohol or drug treatment program required by law, if a court receives at least two negative reports, a court may order that the defendant complete, at the defendant’s own expense based on the defendant’s ability to pay, an alcohol or drug treatment program. [2017 c.655 §10]
0.0K chars
[Repealed or reserved.]
ORS 813.645 Motion to vacate requirement to install and use ignition interlock device. (1) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order vacating the requirement to install and use an ignition interlock device if the defendant
3.0K chars
(a) Has complied with the condition of the diversion agreement described in ORS 813.602 (3) for at least six consecutive months and provides a certificate to the court from the ignition interlock device manufacturer’s representative stating that the device has not recorded a nega…
ORS 813.660 Service center and manufacturer’s representative certification; fees; rules. (1) A service center or manufacturer’s representative may not operate a service center in Oregon unless both the service center and the manufacturer’s representative obtain a certificate from the Department of State Police
2.7K chars
(2) A service center and a manufacturer’s representative may apply to the department for a certificate under this section. The application shall be in such form as may be specified by the department. (3) The department may issue a certificate to a manufacturer’s representative if…
ORS 813.665 Criminal background check for technicians; rules. (1) A criminal background check is required to determine the eligibility of a person seeking employment as an ignition interlock device technician in this state. A service center shall conduct a fingerprint-based criminal background check before hiring or contracting with an individual as an ignition interlock device technician. The service center shall request that the Department of State Police conduct the fingerprint-based criminal background check by reviewing state and federal databases including, but not limited to, the
1.7K chars
(a) Oregon computerized criminal history system; (b) Law Enforcement Data System; (c) Databases maintained by the Federal Bureau of Investigation; and (d) National Crime Information Center. (2) The purpose of a criminal background check is to preserve safety and prevent criminal …
ORS 813.670 Complaint process. The Department of State Police shall adopt a procedure for a person to file a complaint with the department concerning the failure of a service center or manufacturer’s representative to comply with a requirement of ORS 813.660 to 813.680. The department shall
0.4K chars
(1) Provide a response to the complainant no later than 14 days after the date the complaint is filed; (2) Complete an investigation of the complaint no later than 90 days after the date the complaint is filed; and (3) Provide a written report of the results of the investigation …
ORS 813.680 Ignition Interlock Device Management Fund. (1) The Ignition Interlock Device Management Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Ignition Interlock Device Management Fund shall be credited to the fund
0.9K chars
(2) Moneys in the Ignition Interlock Device Management Fund consist of: (a) Fees collected under ORS 813.660 for issuance or renewal of certificates under ORS 813.660; (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly; (c) Interest and othe…