22 chapters · 1,605 sections in this title.
ORS 813.320 Effect of implied consent law on evidence
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(1) The provisions of the implied consent law, except ORS 813.300, shall not be construed by any court to limit the introduction of otherwise competent, relevant evidence in any civil action, suit or proceedings or in any criminal action other than a violation of ORS 813.010 or a…
ORS 813.322 Department of State Police rules regarding breath tests as evidence; validity of officers permit
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(1) A court shall, at the request of a party to the case, admit into evidence, without certification, a copy of administrative rules of the Department of State Police addressing methods of conducting chemical tests of a persons breath in a proceeding arising from the arrest of a…
ORS 813.324 Use of testimony from implied consent hearing as evidence in prosecution
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(1) If the prosecuting attorney or the attorney for the defendant in a prosecution for driving while under the influence of intoxicants obtains a tape or a transcript of a hearing held for the defendant under ORS 813.410, the attorney must provide a copy of the tape or transcript…
ORS 813.326 Felony driving while under the influence of intoxicants; prior convictions
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(1) In a prosecution for felony driving while under the influence of intoxicants under ORS 813.010, the state shall plead the prior convictions and shall prove the prior convictions unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and th…
ORS 813.328 Notice of intent to challenge validity of prior convictions
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(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 …
ORS 813.400 Suspension or revocation upon conviction; duration; review; exemptions
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(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 suspensio…
ORS 813.410 Suspension upon receipt of police report on implied consent test; hearing; validity of suspension; appeal; rules
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(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…
ORS 813.412 Role of police officer in implied consent hearing
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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…
ORS 813.420 Duration of suspension for refusal or failure of test
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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) If the suspension is for refusal of a test under ORS 813.100 and the person is not subject to an increase in the s…
ORS 813.430 Grounds for increase in duration of suspension
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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 subje…
ORS 813.440 Grounds for hearing on validity of suspension; rules
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(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: (a) The persons physical incapaci…
ORS 813.450 Appeal from suspension for refusal or failure of breath test
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(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 petitioners interest and the ground or grounds upon which the petitioner contends the order should be reversed or remanded…
ORS 813.460 Department procedures upon verification of suspension of driving privileges of wrong person
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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 th…
ORS 813.470 Department notation on record of person acquitted after suspension
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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: (1) The persons driving privileges were suspended because a breath or blood test under …
ORS 813.520 Limitations on authority to issue hardship permit or reinstate driving privileges
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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: (1) For a period of 90 days after the beginning of the suspension if the suspension is for refusal of a test under ORS …
ORS 813.599 Definitions
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As used in ORS chapter 813: (1) Ignition interlock device technician means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices. (2) Manufacturers representative means a business entity: (a) That is register…
ORS 813.600 Ignition interlock program; rules
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(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 807.24…
ORS 813.602 Circumstances under which ignition interlock device required; exemptions; rules
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(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 th…
ORS 813.603 Waiver of costs of ignition interlock device; rules
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(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 manufacturers representative the reasonable costs of leasing, installing and maintaining the dev…
ORS 813.604 Notice of court order; notation on hardship permit; rules
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(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…
ORS 813.606 Exception for employee otherwise required to have device
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Notwithstanding ORS 813.604, if a person is required, in the course and scope of the persons employment, to operate a motor vehicle owned by the persons employer, the person may operate that vehicle without installation of an ignition interlock device if: (1) The employer has b…
ORS 813.608 Knowingly furnishing motor vehicle without ignition interlock device; penalty
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(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 bee…
ORS 813.610 Soliciting another to blow into ignition interlock device; penalty
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(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 …
ORS 813.612 Unlawfully blowing into ignition interlock device; penalty
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(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,…
ORS 813.614 Tampering with ignition interlock device; penalty
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(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. (2) The offense described in this section, tampering with an ig…
ORS 813.616 Use of certain moneys to pay for ignition interlock program
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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;…
ORS 813.620 Suspension of driving privileges for failing to provide proof of device installation or for tampering with device
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(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 dri…
ORS 813.630 Notice of ignition interlock device installation and negative reports
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(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). (2) After an ignition interlock device is installed, the manufacturers rep…
ORS 813.635 Consequence for negative reports generated from ignition interlock device; rules
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(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 manufacturers representa…
ORS 813.640 Additional treatment following negative reports
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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 defendants own expense based on the defendants ability to pay, a…
ORS 813.645 Motion to vacate requirement to install and use ignition interlock device
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(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: (a) Has co…
ORS 813.660 Service center and manufacturers representative certification; fees; rules
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(1) A service center or manufacturers representative may not operate a service center in Oregon unless both the service center and the manufacturers representative obtain a certificate from the Department of State Police. (2) A service center and a manufacturers representative…
ORS 813.665 Criminal background check for technicians; rules
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(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 indi…
ORS 813.670 Complaint process
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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 manufacturers representative to comply with a requirement of ORS 813.660 to 813.680. The department shall: (1) Provide a resp…
ORS 813.680 Ignition Interlock Device Management Fund
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(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. (2) Moneys in the Ignition Interlock Device Managem…
ORS 814.010 Appropriate responses to traffic control devices
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This section establishes appropriate pedestrian responses to specific traffic control devices for purposes of ORS 814.020. Authority to place traffic control devices is established under ORS 810.210. Except when acting under the direction of a police officer, a pedestrian is in v…
ORS 814.020 Failure to obey traffic control device; penalty
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(1) A pedestrian commits the offense of pedestrian failure to obey traffic control devices if the pedestrian does any of the following: (a) Fails to obey any traffic control device specifically applicable to the pedestrian. (b) Fails to obey any specific traffic control device de…
ORS 814.030 Failure to obey bridge or railroad signal; penalty
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(1) A pedestrian commits the offense of pedestrian failure to obey bridge or railroad signal if the pedestrian does any of the following: (a) Enters or remains upon a bridge or approach to a bridge beyond the bridge signal, gate or barricade after a bridge operation signal has be…
ORS 814.040 Failure to yield to vehicle; penalty
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(1) A pedestrian commits the offense of pedestrian failure to yield to a vehicle if the pedestrian does any of the following: (a) Suddenly leaves a curb or other place of safety and moves into the path of a vehicle that is so close as to constitute an immediate hazard. (b) Fails …
ORS 814.050 Failure to yield to ambulance or emergency vehicle; penalty
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(1) A pedestrian commits the offense of pedestrian failure to yield to an ambulance or emergency vehicle if the pedestrian does not yield the right of way to: (a) An ambulance used in an emergency situation; or (b) An emergency vehicle or an ambulance upon the approach of the veh…
ORS 814.060 Failure to use pedestrian tunnel or overhead crossing; penalty
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(1) A pedestrian commits the offense of failure to use pedestrian tunnel or overhead crossing if the pedestrian crosses a roadway other than by means of a pedestrian tunnel or overhead pedestrian crossing when a tunnel or overhead crossing serves the place where the pedestrian is…
ORS 814.070 Improper position upon or improperly proceeding along highway; exceptions; penalty
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(1) A pedestrian commits the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian does any of the following: (a) Takes a position upon or proceeds along and upon the roadway where there is an adjacent usable sidewalk or shou…
ORS 814.072 Issuance of permit to be upon or to proceed along highway
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(1) A road authority may issue a permit that authorizes a pedestrian or a group to be positioned upon or to proceed along a highway if the pedestrian or group shows to the satisfaction of the road authority: (a) Proof of liability insurance in an amount of not less than $1 millio…
ORS 814.080 Unlawful hitchhiking; penalty
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(1) A person commits the offense of unlawful hitchhiking if the person is on a roadway for the purpose of soliciting a ride. (2) The offense described in this section, unlawful hitchhiking, is a Class D traffic violation. [1983 c.338 §559; 1995 c.383 §87]
ORS 814.100 Rights of driver and passengers of disabled vehicle on freeway
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On a freeway on which pedestrian traffic is prohibited, the driver and passengers of a disabled vehicle stopped on the freeway may walk to the nearest exit, in either direction, on that side of the freeway upon which the vehicle is disabled, from which telephone or motor vehicle …
ORS 814.110 Rights for persons who are blind, who are deaf-blind or who have limited vision
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(1) The following definitions apply to this section and to ORS 811.035 and 814.120: (a) Blind means visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or having a visual field of 20 degrees or less. (b) Dog guide means a dog that is wearing a …
ORS 814.120 Unlawful use of white cane; penalty
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(1) A person commits the offense of unlawful use of a white cane if the person uses or carries a white cane on the highways or any other public place of this state and the person is not a person who has limited vision or is not a person who is blind or a person who is deaf-blind.…
ORS 814.130 Passenger obstruction of driver; penalty
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(1) A person commits the offense of passenger obstruction of a driver if the person is a passenger in a vehicle and the person rides in a position that interferes with all of the operators views to the rear, through one or more mirrors and otherwise, or that interferes with the …
ORS 814.140 Application of vehicle laws to animal on roadway
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Every person riding an animal upon a roadway and every person driving or leading any animal is subject to the provisions of the vehicle code concerning vehicle equipment and operation of vehicles except those provisions which by their very nature can have no application. [1983 c.…
ORS 814.150 Failure to perform duties of person in charge of livestock on highway; penalty
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(1) A person commits the offense of failure to perform the duties of a person in charge of livestock on a highway if the person fails to do any of the following: (a) When riding or leading a horse or other livestock on the highway, a person must keep a lookout for vehicles and us…