75th OREGON LEGISLATIVE ASSEMBLY--2009 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 613
 
                         House Bill 2237
 
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.
 
  Increases penalties for driving while under influence of
intoxicants if person has blood alcohol content of 0.15 percent
or more.
 
                        A BILL FOR AN ACT
Relating to enhanced penalties for persons driving while under
  the influence of intoxicants with blood alcohol content of 0.15
  percent or higher; amending ORS 813.010 and 813.020.
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 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; 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 while 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)(a) Driving while under the influence of intoxicants is a
Class C felony if the current offense was committed in a motor
vehicle and the defendant has been convicted, at least three
times in the 10 years prior to the date of the current offense,
of any of the following offenses in any combination:
 
  (A) Driving while under the influence of intoxicants in
violation of:
  (i) This section; or
  (ii) The statutory counterpart to this section in another
jurisdiction.
  (B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving or
operation of a vehicle, an aircraft or a boat due to the use of
intoxicating liquor, a controlled substance, an inhalant or any
combination thereof.
  (C) A driving offense in another jurisdiction that involved
operating a vehicle, an aircraft or a boat while having a blood
alcohol content above that jurisdiction's permissible blood
alcohol content.
  (b) For the purposes of paragraph (a) of this subsection, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
  (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.
   { +  (d) For any conviction, if the person has 0.15 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, a minimum of $2,500. + }
  (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 813.020 is amended to read:
  813.020. When a person is convicted of driving while under the
influence of intoxicants in violation of ORS 813.010, a court
shall comply with the following in addition to any fine or other
penalty imposed upon the person under ORS 813.010:
  (1) The court shall require the person to:
  (a) Pay to the court the fee described under ORS 813.030 in
addition to any fine imposed under ORS 813.010; and
  (b) Complete a screening interview and a treatment program as
provided in ORS 813.021.
  (2) The court must impose and not suspend execution of a
sentence requiring the person { + :
  (a) + } Either to serve at least 48 hours' imprisonment, which
shall be served consecutively unless justice requires otherwise,
or to perform community service for times specified by the court
under ORS 137.129.
   { +  (b) To serve at least 72 consecutive hours' imprisonment
if the person has a blood alcohol content of 0.15 percent or more
as shown by chemical analysis of the breath or blood of the
person made under ORS 813.100, 813.140 or 813.150.
  (3) + } For purposes of   { - this - }  subsection { +  (2) of
this section + }:
  (a) A court may provide for the imprisonment to be served in
jail, minimum security facilities or inpatient rehabilitation or
treatment centers.
  (b) { +   + }Whenever the judge provides for the mandatory
imprisonment to be served other than consecutively, the judgment
 
must specifically so provide and the judge must state the reasons
in writing.
    { - (3) - }  { +  (4) + } In a county that has a victim
impact program a court may require the person to attend a victim
impact treatment session. If the court requires attendance under
this section, the court may require the defendant to pay a
reasonable fee to the victim impact program to offset the cost of
the defendant's participation. The fee shall be established for
each county by the victim impact panel coordinator and steering
committee of that county and shall be not less than $5 or more
than $50.
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