72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 348
Sponsored by Senators METSGER, MINNIS; Senators DEVLIN, RINGO,
Representatives BARKER, DALTO, TOMEI
CHAPTER ................
AN ACT
Relating to crime; amending ORS 813.010 and 813.220.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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; or
(c) Is under the influence of any combination of intoxicating
liquor, an inhalant and a controlled substance.
(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 unless the
fact that the person was under the influence of a controlled
substance or an inhalant 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.
Enrolled Senate Bill 348 (SB 348-B) Page 1
(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.
{ + (7) Notwithstanding ORS 161.635, $10,000 is the maximum
fine that a court may impose on a person convicted of driving
while under the influence of intoxicants 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 and was at least three years younger than the person
driving the motor vehicle. + }
SECTION 2. ORS 813.220 is amended to read:
813.220. After the time for requesting a hearing under ORS
813.210 has expired with no request for a hearing, or after a
hearing requested under ORS 813.210, the court shall determine
whether to allow or deny a petition for a driving while under the
influence of intoxicants diversion agreement. In making a
determination under this section, the court:
(1) Shall consider whether the diversion will be of benefit to
the defendant and the community.
(2) May take into consideration whether there was an early
recognition by the defendant during the proceeding that a course
of diagnosis and treatment of problem drinking, alcoholism or
drug dependency would be beneficial.
(3) May take into consideration whether there is a probability
that the defendant will cooperate with the diagnostic assessment
and treatment agencies.
(4) May take into consideration whether the defendant will
observe the restrictions contained in the diversion agreement.
{ + (5) May take into consideration whether the offense was
committed in a motor vehicle and whether there was a passenger in
the motor vehicle who was under 18 years of age and at least
three years younger than the defendant. + }
{ - (5) - } { + (6) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant failed to appear at an arraignment on
the present offense without good cause.
{ - (6) - } { + (7) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant was charged with or convicted of an
offense of driving while under the influence of intoxicants or
its statutory counterpart in any jurisdiction after the date the
defendant filed the petition.
{ - (7) - } { + (8) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant participated in a driving while under
the influence of intoxicants diversion program or in any similar
alcohol or drug rehabilitation program, other than a program
entered into as a result of the charge for the present offense,
in this state or in any other jurisdiction after the date the
defendant filed the petition.
{ - (8) - } { + (9) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant was charged with or convicted of an
offense of murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle in
Enrolled Senate Bill 348 (SB 348-B) Page 2
this state or in any other jurisdiction after the date the
defendant filed the petition.
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Passed by Senate April 28, 2003
Repassed by Senate June 10, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 6, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 348 (SB 348-B) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 348 (SB 348-B) Page 4