Relating to hardship permits; creating new provisions; and amending ORS 813.130 and 813.520.


 
 
 
     75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to HB 2238
 
LC 614/HB 2238-3
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2238
 
                    By COMMITTEE ON JUDICIARY
 
                             June 3
 
  On page 2 of the printed bill, delete lines 22 through 45 and
delete page 3.
  On page 4, delete lines 1 through 4 and insert:
  '  { +  SECTION 2. + } ORS 813.130 is amended to read:
  ' 813.130. This section establishes the requirements for
information about rights and consequences for purposes of ORS
813.100 and 813.410. The following apply to the information about
rights and consequences:
  ' (1) The information about rights and consequences shall be
substantially in the form prepared by the Department of
Transportation. The department may establish any form it
determines appropriate and convenient.
  ' (2) The information about rights and consequences shall be
substantially as follows:
  ' (a) Driving under the influence of intoxicants is a crime in
Oregon, and the person is subject to criminal penalties if a test
under ORS 813.100 shows that the person is under the influence of
intoxicants. If the person refuses a test or fails, evidence of
the refusal or failure may also be offered against the person.
  ' (b) The person will fail a test under ORS 813.100 for
purposes of criminal penalties if the test discloses a blood
alcohol content of 0.08 percent or more by weight. The person
will fail a test for purposes of the Motorist Implied Consent Law
if the test discloses a blood alcohol content of:
  ' (A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
  ' (B) 0.04 percent or more by weight if the person was driving
a commercial motor vehicle; or
  ' (C) Any amount if the person was under 21 years of age.
  ' (c) If the person refuses or fails a test under ORS 813.100,
the person's driving privileges will be suspended. The outcome of
a criminal charge for driving under the influence of intoxicants
will not affect the suspension. The suspension will be
substantially longer if the person refuses a test.
  ' (d) If the person refuses a test or fails a breath test under
ORS 813.100 and has an Oregon driver license or permit, the
license or permit will be taken immediately and, unless the
person does not currently have full valid driving privileges, a
temporary driving permit will be issued to the person.
  '  { - (e) If the person refuses a test under ORS 813.100, the
person will not be eligible for a hardship permit for at least 90
days, and possibly for one year, depending on the person's
driving record. The person may possibly qualify for a hardship
permit in 30 days if the person fails a test, depending on the
person's driving record. - }
  '  { +  (e) If the person refuses a test under ORS 813.100, the
person is not eligible for a hardship permit for at least 90
days, and possibly for three years, depending on the following
factors set forth in ORS 813.430:
 
  ' (A) Whether 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
rehabilitation program in this or another jurisdiction; or
  ' (B) Whether within the five years preceding the date of
arrest any of the following occurred:
  ' (i) A suspension of the person's driving privileges under ORS
813.410 or 482.540 (1981 Replacement Part) became effective;
  ' (ii) The person was convicted of driving while under the
influence of intoxicants in violation of ORS 813.010 or the
statutory counterpart to ORS 813.010 in another jurisdiction, as
described in ORS 813.430;
  ' (iii) The person was convicted of driving while under the
influence of intoxicants in violation of a municipal ordinance in
this state or another jurisdiction, as described in ORS 813.430;
or
  ' (iv) 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 rehabilitation program in
this or another jurisdiction, as described in ORS 813.430. + }
  ' (f) If the person refuses a breath test under ORS 813.100,
the person is subject to a fine of at least $500 and not more
than $1,000.
  ' (g) After taking a test under ORS 813.100, the person will
have a reasonable opportunity, upon request, for an additional
chemical test for blood alcohol content to be performed at the
person's own expense by a qualified individual of the person's
choosing.
  ' (h) The person has a right to a hearing to challenge the
validity of the suspension before the suspension becomes
effective. The person must make a written request to the
department for such a hearing. If the person wins at the hearing,
the person's driving privileges will not be suspended. If the
person loses at the hearing, the suspension will remain in effect
during any court review of the hearing.
  ' (i) The following times:
  ' (A) If the person is issued a temporary driving permit under
ORS 813.100, the number of hours before the driving permit will
be effective and the number of days the permit will be effective.
  ' (B) The number of days within which a person must request a
hearing under ORS 813.410.
  ' (C) The number of days within which a hearing under ORS
813.410 will be held.
  '  { +  (j) The person may possibly qualify for a hardship
permit in 30 days if the person fails a test, depending on the
person's driving record. + }
  ' (3) If the person is driving a commercial motor vehicle, the
information about rights and consequences shall include, in
addition to the provisions of subsection (2) of this section,
substantially the following:
  ' (a) If the person refuses a test under ORS 813.100 or submits
to a breath or blood test and the level of alcohol in the
person's blood is 0.04 percent or more by weight, the person's
commercial driver license or right to apply for a commercial
driver license will be suspended and no hardship permit
authorizing the person to drive a commercial motor vehicle will
be issued. The suspension will be substantially longer if the
person refuses a test.
  ' (b) The suspension of the person's commercial driver license
or right to apply for a commercial driver license will be for the
person's lifetime if the person refuses a test under ORS 813.100
or submits to a breath or blood test and the level of alcohol in
the person's blood is 0.04 percent or more by weight and:
  ' (A) The person previously has been convicted of failure to
perform the duties of a driver;
 
  ' (B) The person previously has been convicted of a crime
punishable as a felony and the person was driving a motor vehicle
at the time the offense was committed;
  ' (C) The person previously has been convicted of driving a
commercial motor vehicle while the person's commercial driver
license or right to apply for a commercial driver license was
suspended or revoked;
  ' (D) The person previously has been convicted of any degree of
murder, manslaughter or criminally negligent homicide resulting
from the operation of a commercial motor vehicle or assault in
the first degree resulting from the operation of a commercial
motor vehicle;
  ' (E) The person previously has been convicted of driving while
under the influence of intoxicants;
  ' (F) The person's commercial driver license previously has
been suspended or revoked for refusal to submit to, or failure
of, a breath or blood test under ORS 813.100; or
  ' (G) The person's right to apply for a commercial driver
license previously has been suspended or revoked for refusal to
submit to, or failure of, a breath or blood test under ORS
813.100 resulting from the operation of a commercial motor
vehicle.
  ' (4) Nothing in this section prohibits the department from
providing additional information concerning rights and
consequences that the department considers convenient or
appropriate.'.
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