73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 712
House Bill 2184
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 influence of intoxicants
to include any substance that adversely affects person's physical
or mental faculties to noticeable or perceptible degree. Defines
intoxicant.
Takes effect July 1, 2006.
A BILL FOR AN ACT
Relating to substances that constitute an intoxicant when
operating a vehicle; creating new provisions; amending ORS
146.113, 801.272, 802.240, 807.060, 807.240, 807.250, 807.252,
809.265, 813.010, 813.021, 813.040, 813.100, 813.120, 813.131,
813.140, 813.150, 813.200, 813.215, 813.220, 813.260, 813.270,
813.300, 813.420, 813.430, 813.470, 813.500, 813.510, 813.520
and 821.250; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2005 Act is added to and made
a part of ORS chapter 801. + }
SECTION 2. { + ' Intoxicant' means:
(1) Alcohol;
(2) Controlled substances;
(3) Inhalants; or
(4) Any other substance that adversely affects a person's
physical or mental faculties to a noticeable or perceptible
degree. + }
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 or any combination of
intoxicating liquor, an inhalant and a controlled substance. - }
{ + an intoxicant or a combination of intoxicants. + }
SECTION 4. ORS 802.240 is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when
the title to, or right of possession of, any vehicle is involved,
the record of title, as it appears in the files and records of
the Department of Transportation, is prima facie evidence of
ownership or right to possession of the vehicle. As used in this
section, the record of title does not include records of salvage
titles unless the record itself is the salvage title. Proof of
the ownership or right to possession of a vehicle shall be made
by means of any of the following methods:
(a) The original certificate of title as provided under ORS
803.010.
(b) A copy, certified by the department, of the title record of
the vehicle as the record appears in the files and records of the
department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document
relating to the privilege of any person to drive a motor vehicle
authorized by law to be filed and actually filed in the records
of the department if the copy bears a seal purporting to be that
of the department and is certified as a true copy by original or
facsimile signature of a person purporting to be an officer or
employee of the department. This subsection applies to copies of
a data compilation in any form. Copies of documents certified in
accordance with this subsection constitute prima facie evidence
of the existence of the facts stated therein.
(3) A certified copy of a person's driving record, as
maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding
under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was
duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the
influence of intoxicants diversion program or in any similar
{ - alcohol or drug - } { + intoxicant + } rehabilitation
program in this state or in any other jurisdiction if the record
shows that the person has participated in such a program.
(4) Records and actions described in this subsection
{ - shall - } { + may + } not be referred to in any way or
admitted into evidence or be any evidence of the negligence or
due care of any party at the trial of any action at law to
recover damages. This subsection applies to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under
the financial responsibility requirements of the vehicle code or
the findings, if any, of the department upon which such action of
the department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735
shall be without prejudice to the individual filing the report
and no such report shall be used as evidence in any trial, civil
or criminal, arising out of an accident. The following uses are
allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220
to show whether or not an accident report has been made to the
department shall be used solely to prove a compliance or failure
to comply with the requirements that the accident report be made
to the department.
(b) An accident report submitted under ORS 811.725 or 811.735
may be used in an administrative hearing or an appeal from such
hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or
811.735.
(B) Failure to comply with financial responsibility
requirements or failure to comply with future responsibility
filings.
(6) A photocopy, facsimile copy, digital or electronic copy of
an application for perfection of a security interest by notation
on a title under ORS 803.097 or 820.591 that is certified by the
department is proof of the date of perfection of the security
interest unless the date is invalid as provided under ORS
803.097.
(7) A report filed by a physician or health care provider under
ORS 807.710 is confidential and may not be admitted as evidence
in any civil or criminal action. A report described in this
subsection may be used in an administrative hearing or an appeal
from an administrative hearing in which an issue is the
qualification of a person to operate a motor vehicle.
SECTION 5. ORS 802.240, as amended by section 98, chapter 655,
Oregon Laws 2003, is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when
the title to, or right of possession of, any vehicle is involved,
the record of title, as it appears in the files and records of
the Department of Transportation, is prima facie evidence of
ownership or right to possession of the vehicle. As used in this
section, the record of title does not include records of salvage
titles unless the record itself is the salvage title. Proof of
the ownership or right to possession of a vehicle shall be made
by means of any of the following methods:
(a) The original certificate of title as provided under ORS
803.010.
(b) A copy, certified by the department, of the title record of
the vehicle as the record appears in the files and records of the
department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document
relating to the privilege of any person to drive a motor vehicle
authorized by law to be filed and actually filed in the records
of the department if the copy bears a seal purporting to be that
of the department and is certified as a true copy by original or
facsimile signature of a person purporting to be an officer or
employee of the department. This subsection applies to copies of
a data compilation in any form. Copies of documents certified in
accordance with this subsection constitute prima facie evidence
of the existence of the facts stated therein.
(3) A certified copy of a person's driving record, as
maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding
under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was
duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the
influence of intoxicants diversion program or in any similar
{ - alcohol or drug - } { + intoxicant + } rehabilitation
program in this state or in any other jurisdiction if the record
shows that the person has participated in such a program.
(4) Records and actions described in this subsection
{ - shall - } { + may + } not be referred to in any way or
admitted into evidence or be any evidence of the negligence or
due care of any party at the trial of any action at law to
recover damages. This subsection applies to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under
the financial responsibility requirements of the vehicle code or
the findings, if any, of the department upon which such action of
the department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735
shall be without prejudice to the individual filing the report
and no such report shall be used as evidence in any trial, civil
or criminal, arising out of an accident. The following uses are
allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220
to show whether or not an accident report has been made to the
department shall be used solely to prove a compliance or failure
to comply with the requirements that the accident report be made
to the department.
(b) An accident report submitted under ORS 811.725 or 811.735
may be used in an administrative hearing or an appeal from such
hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or
811.735.
(B) Failure to comply with financial responsibility
requirements or failure to comply with future responsibility
filings.
(6) A photocopy, facsimile copy, digital or electronic copy of
an application for perfection of a security interest by notation
on a title under ORS 803.097 that is certified by the department
is proof of the date of perfection of the security interest
unless the date is invalid as provided under ORS 803.097.
(7) A report filed by a physician or health care provider under
ORS 807.710 is confidential and may not be admitted as evidence
in any civil or criminal action. A report described in this
subsection may be used in an administrative hearing or an appeal
from an administrative hearing in which an issue is the
qualification of a person to operate a motor vehicle.
SECTION 6. ORS 807.060 is amended to read:
807.060. The Department of Transportation { - shall - } { +
may + } 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 - } { + that + } 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 7. ORS 807.240 is amended to read:
807.240. The Department of Transportation shall provide for
issuance of hardship driver permits in a manner consistent with
this section. A hardship driver permit grants the driving
privileges provided in this section or under the permit. Except
as otherwise provided in this section, a hardship driver permit
is subject to the fees, provisions, conditions, prohibitions and
penalties applicable to a license. The following apply to a
hardship driver permit:
(1) The department may only issue a permit to a person whose
driving privileges under the vehicle code have been suspended.
(2) Except as provided in ORS 813.520, the department may
reinstate the privilege to operate a motor vehicle of any person
whose license to operate a motor vehicle has been suspended by
issuing the person a hardship permit described under this section
if such person qualifies under this section { - , - } { +
and + } ORS 807.250, 807.252 and 813.500. However, the department
may not issue a hardship permit authorizing a person to drive a
commercial motor vehicle.
(3) To qualify for a hardship permit, a person must do all of
the following in addition to any applicable provisions under ORS
807.250, 807.252 and 813.500:
(a) The person must submit to the department an application for
the permit that demonstrates the person's need for the permit.
(b) The person must present satisfactory evidence, as
determined by the department by rule:
(A) That the person must operate a motor vehicle as a requisite
of the person's occupation or employment;
(B) That the person must operate a motor vehicle to seek
employment or to get to or from a place of employment;
(C) That the person must operate a motor vehicle to get to or
from an { - alcohol or drug - } { + intoxicant + } treatment
or rehabilitation program;
(D) That the person or a member of the person's immediate
family requires medical treatment on a regular basis and that the
person must operate a motor vehicle in order that the treatment
may be obtained; or
(E) That the person's driving privileges are suspended for
driving uninsured in violation of ORS 806.010 or for violation of
ORS 165.805 or 471.430 and are not suspended for any other reason
and that the person must operate a motor vehicle in order to
provide necessary services to the person or to a member of the
person's family. The department shall determine by rule what
constitutes necessary services for purposes of this subparagraph.
The rule shall include as necessary services, but need not be
limited to, grocery shopping, driving the person or the person's
children to school, driving to medical appointments and caring
for elderly family members.
(c) If the person is applying for a permit because the person
or a member of the person's immediate family requires medical
treatment on a regular basis, the person must present, in
addition to any evidence required by the department under
paragraph (b) of this subsection, a statement signed by a
licensed physician that indicates that the person or a member of
the person's immediate family requires medical treatment on a
regular basis.
(d) The person must show that the person is not incompetent to
drive nor a habitual incompetent, reckless or criminally
negligent driver as established by the person's driving record in
this or any other jurisdiction.
(e) The person must make a future responsibility filing.
(f) The person must submit any other information the department
may require for purposes of determining whether the person
qualifies under this section { - , - } { + and + } ORS
807.250, 807.252, 813.500 and 813.520.
(4) If the department finds that the person meets the
requirements of this section and any applicable requirements
under ORS 807.250, 807.252, 813.500 and 813.520, the department
may issue the person a hardship permit, valid for the duration of
the suspension or for a shorter period of time established by the
department unless sooner suspended or revoked under this section.
If the department issues the permit for a period shorter than the
suspension period, renewal of the permit shall be on such terms
and conditions as the department may require. The permit:
(a) Shall limit the holder to operation of a motor vehicle only
during specified times.
(b) May bear other reasonable limitations relating to the
hardship permit or the operation of a motor vehicle that the
department deems proper or necessary. The limitations may include
any limitation, condition or requirement. Violation of a
limitation is punishable as provided by ORS 811.175 or 811.182.
(5) The department, upon receiving satisfactory evidence of any
violation of the limitations of a permit issued under this
section or limitations placed on a hardship permit under ORS
807.252 or 813.510, may suspend or revoke the hardship permit.
(6) The fee charged for application or issuance of a hardship
driver permit is the hardship driver permit application fee under
ORS 807.370. The department may not refund the fee if the
application is denied or if the driver permit is suspended or
revoked. The fee upon renewal of the driver permit is the same
fee as that charged for renewal of a license. The application fee
charged under this subsection is in addition to any fee charged
for reinstatement of driving privileges under ORS 807.370.
(7) The department may issue a permit granting the same driving
privileges as those suspended or may issue a permit granting
fewer driving privileges, as the department determines necessary
to assure safe operation of motor vehicles by the permit holder.
SECTION 8. 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 may 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 seek or retain employment, to attend
any { - alcohol or drug - } { + 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 may 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 may not issue a hardship permit to a person
whose driver license or driver permit is suspended pursuant to
ORS 25.750 to 25.783.
(4) The department may not issue a hardship permit to a person
whose driving privileges are suspended pursuant to ORS 809.280
(5) or 809.290 (1) or (2).
SECTION 9. ORS 807.252 is amended to read:
807.252. (1) The Department of Transportation may not issue a
hardship permit to a person whose driving privileges are
suspended for conviction of assault in the second, third or
fourth degree if the person, within 10 years preceding
application for the permit, has been convicted of:
(a) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle;
(b) Reckless driving, as defined in ORS 811.140;
(c) Driving while under the influence of intoxicants, as
defined in ORS 813.010;
(d) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705;
(e) Criminal driving while suspended or revoked, as defined in
ORS 811.182; or
(f) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
(2) A conviction arising out of the same episode as the current
suspension is not considered a conviction for purposes of
subsection (1) of this section.
(3) The department may not issue a hardship permit to a person
whose driving privileges are suspended for a conviction of
assault in the second, third or fourth degree:
(a) For a period of four years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the second degree and
the person was not incarcerated for that conviction.
(b) For a period of four years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
second degree and the person was incarcerated for that
conviction.
(c) For a period of two years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the third degree and
the person was not incarcerated for that conviction.
(d) For a period of two years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
third degree and the person was incarcerated for that conviction.
(e) For a period of six months from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the fourth degree and
the person is not incarcerated for that conviction.
(f) For a period of six months from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
fourth degree and the person was incarcerated for that
conviction.
(4) A hardship permit issued to a person whose driving
privileges are suspended because of a conviction for assault in
the second, third or fourth degree shall limit the person's
driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to seek or
retain employment, to attend any { - alcohol or drug - } { +
intoxicant + } treatment or rehabilitation program or to obtain
required medical treatment for the person or a member of the
person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
(5) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
(6) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the
permit.
(7) The department shall condition the permit so that the
permit will be revoked if the person is convicted of any of the
following:
(a) Reckless driving under ORS 811.140.
(b) Driving while under the influence of intoxicants under ORS
813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a police officer under ORS
811.540.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
(f) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle.
SECTION 10. ORS 809.265 is amended to read:
809.265. (1) Unless the court finds compelling circumstances
not to order suspension of driving privileges, the court in which
a person is convicted of an offense described in this subsection
shall prepare and send to the Department of Transportation,
within 24 hours of the conviction, an order of suspension of
driving privileges of the person. This subsection applies when a
person is convicted of:
(a) Any offense involving manufacturing, possession or delivery
of controlled substances.
(b) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance { + , + } if
the person was under the influence of an { - inhalant or a
controlled substance - } { + intoxicant other than alcohol + }.
(2) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280.
SECTION 11. 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 0.08 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 while 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 - } { + that 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.
(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 12. 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 - } { + 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 13. 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 14. 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 15. 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 0.04 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 16. 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 0.08
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
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 17. 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 other than alcohol + } 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 18. 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 other than alcohol + } 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 19. ORS 813.200 is amended to read:
813.200. (1) The court shall inform at arraignment a defendant
charged with the offense of driving while under the influence of
intoxicants as defined in ORS 813.010 or a city ordinance
conforming thereto that a diversion agreement may be available if
the defendant meets the criteria set out in ORS 813.215 and files
with the court a petition for a driving while under the influence
of intoxicants diversion agreement.
(2) The petition forms for a driving while under the influence
of intoxicants diversion agreement shall be available to a
defendant at the court.
(3) The form of the petition for a driving while under the
influence of intoxicants diversion agreement and the information
and blanks contained therein shall be determined by the Supreme
Court under ORS 1.525. The petition forms made available to a
defendant by any city or state court shall conform to the
requirements adopted by the Supreme Court.
(4) In addition to any other information required by the
Supreme Court to be contained in a petition for a driving while
under the influence of intoxicants diversion agreement, the
petition shall include:
(a) A plea of guilty or no contest to the charge of driving
while under the influence of intoxicants signed by the defendant;
(b) An agreement by the defendant to complete at an agency or
organization designated by the city or state court a diagnostic
assessment to determine the possible existence and degree of an
{ - alcohol or drug - } { + intoxicant + } abuse problem;
(c) An agreement by the defendant to complete, at defendant's
own expense based on defendant's ability to pay, the program of
treatment indicated as necessary by the diagnostic assessment;
(d) An agreement by the defendant to not use intoxicants in
conjunction with the defendant's operation of a motor vehicle and
to comply fully with the laws of this state designed to
discourage the use of intoxicants in conjunction with motor
vehicle operation;
(e) A notice to the defendant that the diversion agreement will
be considered to be violated if the court receives notice that
the defendant at any time during the diversion period committed
the offense of driving while under the influence of intoxicants
or committed a violation of ORS 811.170;
(f) An agreement by the defendant to keep the court advised of
the defendant's current mailing address at all times during the
diversion period;
(g) A waiver by the defendant of any former jeopardy rights
under the federal and state constitutions and ORS 131.505 to
131.525 in any subsequent action upon the charge or any other
offenses based upon the same criminal episode;
(h) A sworn statement, as defined in ORS 162.055, by the
defendant certifying that the defendant meets the criteria set
out in ORS 813.215 to be eligible to enter into the driving while
under the influence of intoxicants diversion agreement; and
(i) An agreement by the defendant to pay court-appointed
attorney fees as determined by the court.
SECTION 20. ORS 813.215 is amended to read:
813.215. A defendant is eligible for diversion if:
(1) The defendant had no charge of an offense of driving while
under the influence of intoxicants or its statutory counterpart
in any jurisdiction, other than the charge for the present
offense, pending on the date the defendant filed the petition for
a driving while under the influence of intoxicants diversion
agreement;
(2) The defendant has not been convicted of an offense
described in subsection (1) of this section within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement;
(3) The defendant was not participating in a driving while
under the influence of intoxicants diversion program or in any
similar { - alcohol or drug - } { + intoxicant + }
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 on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement;
(4) The defendant did not participate in a diversion or
rehabilitation program described in subsection (3) of this
section, other than a program entered into as a result of the
charge for the present offense, within the period beginning 10
years before the date of the commission of the present offense
and ending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion
agreement;
(5) The defendant had no charge of an offense of murder,
manslaughter, criminally negligent homicide or assault that
resulted from the operation of a motor vehicle pending in this
state or in any other jurisdiction on the date the defendant
filed the petition for a driving while under the influence of
intoxicants diversion agreement;
(6) The defendant has not been convicted of an offense
described in subsection (5) of this section within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement; and
(7) The present driving while under the influence of
intoxicants offense did not involve an accident resulting in:
(a) Death of any person other than the defendant; or
(b) Physical injury as defined in ORS 161.015 to any person
other than the defendant.
SECTION 21. 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 { + or other
intoxicant 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.
(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.
(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.
(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 - } { + intoxicant + } 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.
(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 this state or in any other
jurisdiction after the date the defendant filed the petition.
SECTION 22. ORS 813.260 is amended to read:
813.260. (1) Courts having jurisdiction over driving while
under the influence of intoxicants offenses shall designate
agencies or organizations to perform the diagnostic assessment
and treatment required under driving while under the influence of
intoxicants diversion agreements described in ORS 813.200. 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,
alcoholism { + , + } { - and - } drug dependency { + and other
intoxicant dependency + } and must be certified by the Director
of Human Services. Wherever possible a court shall designate
agencies or organizations to perform the diagnostic assessment
that are separate from those that may be designated to carry out
a program of treatment.
(2) Monitoring of a defendant's progress under a diversion
agreement shall be the responsibility of the diagnostic
assessment agency or organization. It shall make a report to the
court stating the defendant's successful completion or failure to
complete all or any part of the treatment program specified by
the diagnostic assessment. The form of the report shall be
determined by agreement between the court and the diagnostic
assessment agency or organization. The court shall make the
report of the diagnostic assessment agency or organization that
is required by this subsection a part of the record of the case.
SECTION 23. ORS 813.270 is amended to read:
813.270. The Intoxicated Driver Program Fund is created to
consist of moneys placed in the fund under ORS 813.030 and
813.240 or as otherwise provided by law and of gifts and grants
made to the fund for carrying out the purposes of the fund. The
moneys in the fund may be used only for the following purposes:
(1) To pay for providing treatment for individuals who enter
diversion agreements under ORS 813.200 and who are found to be
indigent. Payment for treatment under this subsection may include
treatment for problem drinking, alcoholism { + , + } { - or - }
drug dependency { + or other intoxicant dependency + }. Payment
shall be made as provided by the Director of Human Services by
rule to agencies or organizations providing treatment.
(2) To pay for evaluation as provided by law of programs used
for diversion agreements.
(3) To pay the cost of administration of the fund by the
Director of Human Services.
(4) To pay for materials, resources and training supplied by
the Director of Human Services to those persons, organizations or
agencies performing the diagnostic assessments or providing
education or treatment to persons under diversion agreements.
(5) To pay for providing treatment programs required under ORS
813.020 and treatment or information programs required under ORS
471.432 for individuals who are found to be indigent.
(6) To pay for special services required to enable a disabled
person, or a person whose proficiency in the use of English is
limited because of the person's national origin, to participate
in treatment programs that are used for diversion agreements
under ORS 813.200 or are required under ORS 813.020. This
subsection applies:
(a) Whether or not the person is indigent; and
(b) Only to special services required solely because of the
person's disability or limited proficiency in the use of English.
SECTION 24. 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 0.08 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 0.08 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 25. 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 26. ORS 813.430 is amended to read:
813.430. 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) 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 - } { +
intoxicant + } rehabilitation program in this or any other
jurisdiction.
(2) Within the five years preceding the date of arrest any of
the following occurred:
(a) A suspension of the person's driving privileges under ORS
813.410 or 482.540 (1981 Replacement Part) became effective.
(b) The person was convicted of driving under the influence of
intoxicants in violation of ORS 813.010 or its statutory
counterpart in another jurisdiction or a municipal ordinance.
(c) The person commenced participating in a driving while under
the influence of intoxicants diversion program in this state or
in any similar { - alcohol or drug - } { + intoxicant + }
rehabilitation program in this or any other jurisdiction.
SECTION 27. 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 28. 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 809.428 (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 dependence - } { + intoxicant
dependency + } 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 seek or retain employment,
to attend any { - alcohol or drug - } { + intoxicant + }
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 29. ORS 813.510 is amended to read:
813.510. This section establishes limitations that the
Department of Transportation is required or permitted to place on
hardship permits issued under ORS 807.240 to persons whose
suspension is based upon a conviction for driving under the
influence of intoxicants or upon ORS 813.100. Limitations placed
on a hardship permit under this section are in addition to any
limitations placed on the permit under ORS 807.240. A person's
permit is subject to suspension or revocation as provided under
ORS 807.240 if the department determines that the holder of the
permit has violated any limitation placed upon the permit under
this section. Violation of a limitation under this section is
punishable as provided by ORS 811.175 or 811.182. The limitations
are as described in the following:
(1) A hardship permit issued to the person shall limit the
person's driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to seek or
retain employment, to attend any { - alcohol or drug - } { +
intoxicant + } treatment or rehabilitation program or to obtain
required medical treatment for the person or a member of the
person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
(2) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
(3) If the person is in a rehabilitation program under ORS
813.500, the person must complete the rehabilitation program.
(4) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the
permit.
(5) If the person is involved in a diversion agreement under
ORS 813.220 and 813.230, the department may require the person to
successfully complete the diversion program as a condition of
retaining the permit.
(6) The department shall condition the permit so that the
permit will be revoked if the person is convicted of any of the
following:
(a) Reckless driving under ORS 811.140.
(b) Driving under the influence of intoxicants under ORS
813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a police officer under ORS
811.540.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
SECTION 30. 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 809.428 (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 809.428 (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 31. 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 - } { + an intoxicant + }.
(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 32. ORS 146.113 is amended to read:
146.113. (1) A medical examiner or district attorney may, in
any death requiring investigation, order samples of blood or
urine taken for laboratory analysis.
(2) When a death requiring an investigation as a result of a
motor vehicle accident occurs within five hours after the
accident and the deceased is over 13 years of age, a blood sample
shall be taken and forwarded to an approved laboratory for
analysis. Such blood or urine samples shall be analyzed for the
presence and quantity of ethyl alcohol, and if considered
necessary by the State Medical Examiner, the presence of
{ - controlled substances - } { + any other intoxicants + }.
(3) Laboratory reports of the analysis shall be made a part of
the State Medical Examiner's and district medical examiner's
files.
SECTION 33. { + This 2005 Act takes effect on July 1,
2006. + }
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