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 615
House Bill 2239
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.
Provides that person commits offense of refusal to take test
for intoxicants if person refuses to submit to blood test or to
take urine test if requested to do so under Motorist Implied
Consent Law. Provides that offense is punishable by fine of at
least $500 and not more than $1,000.
A BILL FOR AN ACT
Relating to consequences of test refusal; amending ORS 813.095
and 813.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.095 is amended to read:
813.095. (1) A person commits the offense of refusal to take a
{ - breath - } test { + for intoxicants + } if the person
refuses to { + :
(a) + } Take a breath test when requested to do so in
accordance with the provisions of ORS 813.100 { - . - } { + ;
(b) Take a blood test when requested to do so in accordance
with the provisions of ORS 813.100; or
(c) Take a urine test when requested to do so in accordance
with the provisions of ORS 813.131. + }
(2) The offense described in this section, refusal to take a
{ - breath - } test { + for intoxicants + }, is a traffic
offense punishable by a fine of at least $500 and not more than
$1,000. The fine described in this section is in addition to any
other consequence prescribed by law for refusal to take a
{ - breath - } test { + for intoxicants + }.
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.
(f) If the person refuses a breath { + or blood + } test under
ORS 813.100, { + or refuses a urine test under ORS 813.131, + }
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.
(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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