72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 768
House Bill 2199
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Expands offense of driving while under the influence of
intoxicants to include substances that adversely affect person's
physical or mental ability to noticeable or perceptible degree.
Defines intoxicant.
A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants;
creating new provisions; and amending ORS 471.432, 801.272,
807.060, 807.250, 813.010, 813.021, 813.040, 813.100, 813.120,
813.131, 813.140, 813.150, 813.300, 813.420, 813.470, 813.500,
813.520 and 821.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 801. + }
SECTION 2. { + ' Intoxicant' means any substance that
adversely affects a person's physical or mental ability to a
noticeable or perceptible degree, including but not limited to
alcohol, a controlled substance or an inhalant. + }
SECTION 3. ORS 801.272 is amended to read:
801.272. 'Field sobriety test' means a physical or mental test,
approved by the Department of State Police by rule after
consultation with the Department of Public Safety Standards and
Training, that enables a police officer or trier of fact to
screen for or detect probable impairment from { - intoxicating
liquor, a controlled substance, an inhalant - } { + an
intoxicant + } or any combination of { - intoxicating liquor,
an inhalant and a controlled substance - } { + intoxicants + }.
SECTION 4. ORS 807.060 is amended to read:
807.060. The Department of Transportation shall not grant
driving privileges to a person under a license if the person is
not eligible under this section. The following are not eligible
for a license:
(1) A person under 16 years of age.
(2)(a) A person under 18 years of age who is not an emancipated
minor unless the application of the person is signed by the
person's mother, father or guardian or, if the person has no
father, mother or guardian, by the person's employer. A person
who signs an application under this paragraph may have the
driving privileges canceled as provided under ORS 809.320.
(b) A person under 18 years of age who does not meet the
requirements of ORS 807.065.
(3) Notwithstanding subsection (2) of this section, a person
under 18 years of age is not eligible for a commercial driver
license.
(4) A person that the department determines has a problem
condition involving { - alcohol, inhalants or controlled
substances - } { + intoxicants + } as described under ORS
813.040.
(5) A person the department reasonably believes is subject to
any condition which brings about momentary or prolonged lapses of
consciousness or control that is or may become chronic.
(6) A person the department reasonably believes has a physical
or mental disability or disease serving to prevent the person
from exercising reasonable and ordinary control over a motor
vehicle while operating it upon the highways.
(7) A person the department reasonably believes is unable to
understand highway signs that warn, regulate or direct traffic.
(8) A person who is required to make future responsibility
filings but has not made filings as required.
(9) A person who cannot be issued a license under the Driver
License Compact under ORS 802.540.
(10) A person who is not subject to the Driver License Compact
under ORS 802.540 but whose driving privileges are currently
under suspension or revocation in any other state upon grounds
which, if committed in this state, would be grounds for the
suspension or revocation of the driving privileges of the person.
(11) A person who has been declared a habitual offender under
ORS 809.640. A person declared not eligible to be licensed under
this subsection may become eligible by having eligibility
restored under ORS 809.640.
(12) A person whose driving privileges are canceled in this
state under ORS 809.310 until the person is eligible under ORS
809.310.
(13) A person while the person's driving privileges are revoked
in this state.
(14) A person during a period when the person's driving
privileges are suspended in this state.
(15) A person who holds a current out-of-state license or
driver permit or a valid Oregon license or driver permit. A
person who is not eligible under this subsection may become
eligible by surrendering the license, driver permit or
out-of-state license or driver permit to the department before
issuance of the license. Nothing in this subsection authorizes a
person to continue to operate a motor vehicle on the basis of an
out-of-state license or permit if the person is required by ORS
807.062 to obtain an Oregon license or permit.
(16) A person who has not complied with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
license.
SECTION 5. ORS 807.250 is amended to read:
807.250. (1) In addition to any requirements under ORS 807.240
and any applicable conditions under ORS 813.500 and 813.520, the
Department of Transportation shall not issue a hardship permit
under ORS 807.240 to a person whose suspension of driving
privileges is based upon a conviction of any of the following
unless the person submits to the department a recommendation from
the judge before whom the person was convicted:
(a) ORS 811.140.
(b) ORS 811.540.
(c) Driving while under the influence of intoxicants. If a
person's driving privileges are suspended for a conviction for
driving while under the influence of intoxicants and the person
is determined under ORS 813.500 to have a problem condition
involving
{ - alcohol, inhalants or controlled substances - }
{ + intoxicants + } as described in ORS 813.040, the judge must:
(A) Make the recommendation with reference to the best interest
of the public as well as of the defendant and the recommendation
must be in writing.
(B) Recommend times, places, routes and days minimally
necessary for the person to retain employment, to attend any
{ - alcohol - } { + intoxicant + } treatment or
rehabilitation program or to receive necessary medical treatment
for the person or a member of the person's immediate family.
(2) The department shall not issue a hardship permit to a
person whose suspension of driving privileges is based on a
conviction described in ORS 809.265.
(3) The department shall not issue a hardship permit to a
person whose driver license or driver permit is suspended
pursuant to ORS 25.750 to 25.783.
SECTION 6. ORS 813.010 is amended to read:
813.010. (1) A person commits the offense of driving while
under the influence of intoxicants if the person drives a vehicle
while the person:
(a) Has .08 percent or more by weight of alcohol in the blood
of the person as shown by chemical analysis of the breath or
blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of { - intoxicating liquor, a
controlled substance or an inhalant - } { + an intoxicant + };
or
(c) Is under the influence of any combination of
{ - intoxicating liquor, an inhalant and a controlled
substance - } { + intoxicants + }.
(2) A person may not be convicted of driving under the
influence of intoxicants on the basis of being under the
influence of { - a controlled substance or an inhalant - }
{ + an intoxicant other than alcohol + } unless the { - fact
that the person was under the influence of a controlled substance
or an inhalant - } { + class of the intoxicant + } is pleaded
in the accusatory instrument and is 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 ORS 813.020 in addition to this section.
(4) Except as provided in subsection (5) of this section, the
offense described in this section, driving while under the
influence of intoxicants, is a Class A misdemeanor and is
applicable upon any premises open to the public.
(5) Driving while under the influence of intoxicants is a Class
C felony if the defendant has been convicted of driving while
under the influence of intoxicants in violation of this section
or its statutory counterpart in another jurisdiction at least
three times in the 10 years prior to the date of the current
offense and the current offense was committed in a motor vehicle.
For purposes of this subsection, a prior conviction for boating
while under the influence of intoxicants in violation of ORS
830.325 or its statutory counterpart in another jurisdiction, or
for prohibited operation of an aircraft in violation of ORS
837.080 (1)(a) or its statutory counterpart in another
jurisdiction, shall be considered a prior conviction of driving
while under the influence of intoxicants.
(6) In addition to any other sentence that may be imposed, the
court shall impose a fine on a person convicted of driving while
under the 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 the person is not sentenced to a term of imprisonment.
SECTION 7. ORS 813.021 is amended to read:
813.021. (1) When a court, in accordance with ORS 813.020,
requires a person to complete a screening interview and a
treatment program, the court shall require the person to do all
of the following:
(a) Complete a screening interview for the purpose of
determining appropriate placement of the person in a program for
treatment { - for alcoholism, drug dependency or dependency on
inhalants - } { + for dependency on intoxicants + }.
(b) Pay directly to the agency or organization conducting the
screening interview a fee of $90.
(c) Complete the treatment program to which the person is
referred.
(d) Pay for the treatment program to which the person is
referred.
(2) The screening interview required by this section shall be
conducted by an agency or organization designated by the court.
The designated agency or organization must meet the standards set
by the Director of Human Services to conduct the screening
interviews. Wherever possible a court shall designate agencies or
organizations to perform the screening interview that are
separate from those that may be designated to carry out a
treatment program.
(3) An agency or organization doing a screening interview under
this section may not refer a person to a treatment program that
has not been approved by the Director of Human Services.
(4) The agency or organization conducting a screening interview
under this section shall monitor the progress of the person
referred to the agency or organization. The agency or
organization shall make a report to the referring court stating
the person's successful completion or failure to complete all or
any part of the screening interview or of the treatment program
to which the person was referred by the agency or organization.
The report shall be in a form determined by agreement between the
court and the agency or organization.
SECTION 8. ORS 813.040 is amended to read:
813.040. This section establishes, for purposes of ORS 471.432,
807.060 and 813.500, when a person has a problem condition
involving { - alcohol, inhalants or controlled substances - }
{ + intoxicants + }. For purposes of ORS 471.432, 807.060 and
813.500, a person has a problem condition involving
{ - alcohol, inhalants or controlled substances - }
{ + intoxicants + } if it is determined that the person has a
problem condition in which the person's health or that of others
is substantially impaired or endangered or the person's social or
economic function is substantially disrupted because of the
person's:
(1) Habitual or periodic use of { - alcoholic beverages - }
{ + alcohol + }; or
(2) Use of or loss of the ability to control the use of
{ - controlled substances, inhalants or other substances
with - } { + intoxicants other than alcohol that have + } abuse
potential including a condition that may have developed:
(a) A physical dependence in which the body requires a
continuing supply of { - a drug, inhalant or controlled
substance - } { + the intoxicant + } to avoid characteristic
withdrawal symptoms; or
(b) A psychological dependence characterized by an overwhelming
mental desire for continued use of { - a drug, inhalant or
controlled substance - } { + the intoxicant + }.
SECTION 9. ORS 813.100 is amended to read:
813.100. (1) Any person who operates a motor vehicle upon
premises open to the public or the highways of this state shall
be deemed to have given consent, subject to the implied consent
law, to a chemical test of the person's breath, or of the
person's blood if the person is receiving medical care in a
health care facility immediately after a motor vehicle accident,
for the purpose of determining the alcoholic content of the
person's blood if the person is arrested for driving a motor
vehicle while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance. A test shall be
administered upon the request of a police officer having
reasonable grounds to believe the person arrested to have been
driving while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance. Before the test is
administered the person requested to take the test shall be
informed of consequences and rights as described under ORS
813.130.
(2) No chemical test of the person's breath or blood shall be
given, under subsection (1) of this section, to a person under
arrest for driving a motor vehicle while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal
ordinance, if the person refuses the request of a police officer
to submit to the chemical test after the person has been informed
of consequences and rights as described under ORS 813.130.
(3) If a person refuses to take a test under this section or if
a breath test under this section discloses that the person, at
the time of the test, had a level of alcohol in the person's
blood that constitutes being under the influence of
{ - intoxicating liquor - } { + alcohol + } under ORS 813.300,
the person's driving privileges are subject to suspension under
ORS 813.410 and the police officer shall do all of the following:
(a) Immediately take custody of any driver license or permit
issued by this state to the person to grant driving privileges.
(b) Provide the person with a written notice of intent to
suspend, on forms prepared and provided by the Department of
Transportation. The written notice shall inform the person of
consequences and rights as described under ORS 813.130.
(c) If the person qualifies under ORS 813.110, issue to the
person, on behalf of the department, a temporary driving permit
described under ORS 813.110.
(d) Within a period of time required by the department by rule,
report action taken under this section to the department and
prepare and cause to be delivered to the department a report as
described in ORS 813.120, along with the confiscated license or
permit and a copy of the notice of intent to suspend.
(4) If a blood test under this section discloses that the
person, at the time of the test, had a level of alcohol in the
person's blood that constitutes being under the influence of
{ - intoxicating liquor - } { + alcohol + } under ORS
813.300, the person's driving privileges are subject to
suspension under ORS 813.410 and the police officer shall report
to the department within 45 days of the date of arrest that the
person failed the blood test.
SECTION 10. ORS 813.120 is amended to read:
813.120. (1) A report required by ORS 813.100 shall disclose
substantially all of the following information:
(a) Whether the person, at the time the person was requested to
submit to a test, was under arrest for driving a motor vehicle
while under the influence of intoxicants in violation of ORS
813.010 or of a municipal ordinance.
(b) Whether the police officer had reasonable grounds to
believe, at the time the request was made, that the person
arrested had been driving under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance.
(c) Whether the person refused to submit to a test or if the
person submitted to a breath or blood test whether the level of
alcohol in the person's blood, as shown by the test, was
sufficient to constitute being under the influence of
{ - intoxicating liquor - } { + alcohol + } under ORS
813.300.
(d) Whether the person was driving a commercial motor vehicle
and refused to submit to a test or if the person submitted to a
breath or blood test whether the level of alcohol in the person's
blood, as shown by the test, was .04 percent or more by weight.
(e) Whether the person was informed of consequences and rights
as described under ORS 813.130.
(f) Whether the person was given written notice of intent to
suspend required by ORS 813.100 (3)(b).
(g) If the arrested person took a test, a statement that the
person conducting the test was appropriately qualified.
(h) If the arrested person took a test, a statement that any
methods, procedures and equipment used in the test comply with
any requirements under ORS 813.160.
(2) A report required by ORS 813.100 may be made in one or more
forms specified by the Department of Transportation.
SECTION 11. ORS 813.131 is amended to read:
813.131. (1) Any person who operates a motor vehicle upon
premises open to the public or the highways of this state shall
be deemed to have given consent, subject to the Motorist Implied
Consent Law, to a chemical test of the person's urine for the
purpose of determining the presence of { - a controlled
substance or an inhalant - } { + an intoxicant other than
alcohol + } in the person's body if the person is arrested for
driving while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance and either:
(a) The person takes the breath test described in ORS 813.100
and the test discloses a blood alcohol content of less than .08
percent; or
(b) The person is involved in an accident resulting in injury
or property damage. A urine test may be requested under this
paragraph regardless of whether a breath test has been requested
and regardless of the results of a breath test, if one is taken.
(2) A police officer may not request a urine test unless the
officer is certified by the Board on Public Safety Standards and
Training as having completed at least eight hours of training in
recognition of drug impaired driving and the officer has a
reasonable suspicion that the person arrested has been driving
while under the influence of { - a controlled substance, an
inhalant - } { + an intoxicant other than alcohol + } or
{ - any - } { + a + } combination of { - an inhalant, a
controlled substance and intoxicating liquor - }
{ + intoxicants + }.
(3) A person asked to give a urine sample shall be given
privacy and may not be observed by a police officer when
producing the sample.
(4) A chemical analysis of a person's urine under this section
shall be performed in an accredited or licensed toxicology
laboratory.
SECTION 12. ORS 813.140 is amended to read:
813.140. Nothing in ORS 813.100 is intended to preclude the
administration of a chemical test described in this section. A
police officer may obtain a chemical test of the blood to
determine the amount of alcohol in any person's blood or a test
of the person's blood or urine, or both, to determine the
presence of
{ - a controlled substance or an inhalant - } { + an
intoxicant or a combination of intoxicants + } in the person as
provided in the following:
(1) If, when requested by a police officer, the person
expressly consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a
person without the person's consent if:
(a) The police officer has probable cause to believe that the
person was driving while under the influence of intoxicants and
that evidence of the offense will be found in the person's blood
or urine; and
(b) The person is unconscious or otherwise in a condition
rendering the person incapable of expressly consenting to the
test or tests requested.
SECTION 13. ORS 813.150 is amended to read:
813.150. In addition to a chemical test of the breath, blood or
urine administered under ORS 813.100 or 813.140, upon the request
of a police officer, a person shall be permitted upon request, at
the person's own expense, reasonable opportunity to have any
licensed physician and surgeon, licensed professional nurse or
qualified technician, chemist or other qualified person of the
person's own choosing administer a chemical test or tests of the
person's breath or blood for the purpose of determining the
alcoholic content of the person's blood or a chemical test or
tests of the person's blood or urine, or both, for the purpose of
determining the presence of { - a controlled substance or an
inhalant - } { + an intoxicant or a combination of
intoxicants + } in the person. The failure or inability to obtain
such a test or tests by a person shall not preclude the admission
of evidence relating to a test or tests taken upon the request of
a police officer.
SECTION 14. ORS 813.300 is amended to read:
813.300. (1) At the trial of any civil or criminal action, suit
or proceeding arising out of the acts committed by a person
driving a motor vehicle while under the influence of intoxicants,
if the amount of alcohol in the person's blood at the time
alleged is less than .08 percent by weight of alcohol as shown by
chemical analysis of the person's breath or blood, it is indirect
evidence that may be used with other evidence, if any, to
determine whether or not the person was then under the influence
of intoxicants.
(2) Not less than .08 percent by weight of alcohol in a
person's blood constitutes being under the influence of
{ - intoxicating liquor - } { + alcohol + }.
(3) Notwithstanding subsection (2) of this section, for
purposes of the Motorist Implied Consent Law as defined in ORS
801.010, for a person who is under 21 years of age, any amount of
alcohol in the blood constitutes being under the influence of
{ - intoxicating liquor - } { + alcohol + }.
(4) Percent by weight of alcohol in the blood shall be based
upon grams of alcohol per one hundred cubic centimeters of blood.
SECTION 15. ORS 813.420 is amended to read:
813.420. 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
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
813.100 and the person is subject to an increase in the
suspension time for reasons described in ORS 813.430, the
suspension shall be for a period of three years.
(3) If the suspension is 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 - } { + alcohol + } under ORS 813.300
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 90 days.
(4) If the suspension is 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 - } { + alcohol + } under ORS 813.300
and the person is 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.
SECTION 16. ORS 813.470 is amended to read:
813.470. 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 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 - }
{ + alcohol + } under ORS 813.300;
(2) An accusatory instrument was filed charging the person with
driving under the influence of intoxicants in violation of ORS
813.010 arising out of the same incident that led to the
suspension of the person's driving privileges;
(3) The person was acquitted of the charge; and
(4) The person presents the department with a certified copy of
the judgment of acquittal from the court clearly showing the
location of the court, the date of the arrest and the findings of
the court.
SECTION 17. ORS 813.500 is amended to read:
813.500. (1) If a person's license is suspended for driving
while under the influence of intoxicants under ORS 813.400 and
the suspension period is determined by ORS 809.420 (2)(b) or (c),
the Department of Transportation may only issue a hardship permit
to the person under ORS 807.240 if the person, in addition to any
requirement under ORS 807.240 and any applicable requirements
under ORS 807.250 and 813.520:
(a) Is examined by the Director of Human Services or its
designee to determine whether the person has a problem condition
involving { - alcohol, inhalants or controlled substances - }
{ + intoxicants + } as described in ORS 813.040; and
(b) Complies with the requirements of this section.
(2) If the Director of Human Services determines that the
person has a problem condition involving { - alcohol, inhalants
or controlled substances - } { + intoxicants + }, as described
in ORS 813.040, the department may issue the permit to the person
only if both the following apply:
(a) The person enrolled in a program for rehabilitation for
{ - alcoholism or drug - } { + intoxicant + } dependence
approved by the Director of Human Services.
(b) The Director of Human Services recommends, on the basis of
the person's progress in the rehabilitation program, such
reinstatement in writing to the department. If the Director of
Human Services makes a recommendation under this paragraph, the
Director of Human Services shall state specifically in the
recommendation the times, places, routes and days of the week
minimally necessary for the person to retain employment, to
attend any { - alcohol - } { + intoxicants + } treatment or
rehabilitation program or to obtain necessary medical treatment
for the person or a member of the person's immediate family.
(3) If the Director of Human Services determines that the
person does not have a problem condition involving { - alcohol,
inhalants or controlled substances - } { + intoxicants + } as
described in ORS 813.040, the department may issue the permit to
the person only if, in addition to any requirements under ORS
807.240, the person enters an { - alcohol or drug - }
{ + intoxicant + } information program approved by the Director
of Human Services and the department determines that issuance of
a permit is appropriate. If the department issues a permit to a
person described in this subsection, the department shall
require, under ORS 807.240, that the person complete the program
as a condition of retaining the permit.
SECTION 18. ORS 813.520 is amended to read:
813.520. In addition to any provisions of ORS 807.240 and
813.510 or 807.250, this section establishes limitations on the
authority of the Department of Transportation to issue driving
privileges under ORS 807.240. The department 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
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. This period of 90 days shall be reduced by the time the
department refused to issue a hardship permit under subsection
(5) or (6) of this section if the person's driving privileges
were suspended based on the same occurrence.
(2) For a period of 30 days after the beginning of the
suspension if the suspension is 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 - } { + alcohol + }
under ORS 813.300 and the person is not subject to an increase in
the time before a hardship permit may be issued for reasons
described in ORS 813.430. This period of 30 days shall be reduced
by the time the department refused to issue a hardship permit
under subsection (5) or (6) of this section if the person's
driving privileges were suspended based on the same occurrence.
(3) For a period of one year after the beginning of the
suspension if the suspension is 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 - } { + alcohol + }
under ORS 813.300 and the person is subject to an increase in the
time before a hardship permit may be issued for reasons described
under ORS 813.430. This period of one year shall be reduced by
the time the department refused to issue a hardship permit under
subsection (5) or (6) of this section if the person's driving
privileges were suspended based on the same occurrence.
(4) For a period of one year after the beginning of the
suspension if the suspension is for refusal of a test under ORS
813.100 and the person is subject to an increase in the time
before a hardship permit may be issued for reasons described in
ORS 813.430. This period of one year shall be reduced by the time
the department refused to issue a hardship permit under
subsection (5) or (6) of this section if the person's driving
privileges were suspended based on the same occurrence.
(5) For a period of 90 days after the beginning of the
suspension under ORS 813.400 if it is the person's second
conviction for driving while under the influence of intoxicants
if the suspension period is determined by ORS 809.420 (2)(b).
This period of 90 days shall be reduced by the time the
department refused to issue a hardship permit under subsection
(1), (2), (3) or (4) of this section if the person's driving
privileges were suspended based on the same occurrence.
(6) For a period of one year after the beginning of the
suspension under ORS 813.400 for driving while under the
influence of intoxicants if the suspension period is determined
by ORS 809.420 (2)(c). This period of one year shall be reduced
by the time the department refused to issue a hardship permit
under subsection (1), (2), (3) or (4) of this section if the
person's driving privileges were suspended based on the same
occurrence.
(7) To any person who has a mental or physical condition
rendering it unsafe for the person to drive a motor vehicle.
(8) If the suspension is based upon a conviction for a
violation of ORS 813.010 or is imposed under ORS 813.410 based
upon ORS 813.100 to a person who has available public or private
transportation sufficient to fulfill the person's transportation
needs while the person is suspended.
(9) For a period of 30 days following imposition of suspension,
if the person, within the previous year, has been convicted of a
traffic crime and the suspension is based upon a conviction for
violation of ORS 813.010 or is imposed under ORS 813.410 based
upon ORS 813.100.
SECTION 19. ORS 821.250 is amended to read:
821.250. (1) A person commits the offense of permitting
dangerous operation of a snowmobile or an all-terrain vehicle if
the person is the owner or other person having charge or control
of a snowmobile or an all-terrain vehicle and the person
knowingly authorizes or permits any person to operate the vehicle
across a highway who is:
(a) Incapable by reason of age, physical or mental disability;
or
(b) Under the influence of { - intoxicating liquor, inhalants
or controlled substances - } { + intoxicants + }.
(2) In addition to other penalties provided by this section,
operators or owners may be liable as provided under ORS 821.310.
(3) The offense described in this section, permitting dangerous
operation of a snowmobile or an all-terrain vehicle, is a Class A
traffic violation.
SECTION 20. ORS 471.432 is amended to read:
471.432. When a person is ordered to undergo assessment and
treatment as provided in ORS 471.430, the court shall require the
person to do all of the following:
(1) Pay to the court the fee described under ORS 813.030 in
addition to any fine imposed under ORS 471.430.
(2) Complete an examination by an agency or organization
designated by the court to determine whether the person has a
problem condition involving { - alcohol - }
{ + intoxicants + } as described in ORS 813.040 { + (1) + }.
The designated agencies or organizations must meet the standards
set by the Director of Human Services to perform the diagnostic
assessment and treatment of problem drinking and alcoholism and
must be certified by the Director of Human Services.
(3) Complete a treatment program, paid at the expense of the
person convicted, as follows:
(a) If the examination required under this section shows that
the person has a problem condition involving alcohol, a program
for rehabilitation for alcoholism approved by the Director of
Human Services.
(b) If the examination required by this section shows that the
person does not have a problem condition involving alcohol, an
alcohol information program approved by the Director of Human
Services.
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