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 2424
 
                           A-Engrossed
 
                         House Bill 2426
                  Ordered by the House March 19
            Including House Amendments dated March 19
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Imposes minimum fine of $2,500   { - and mandatory
imprisonment - } for person convicted of driving while under
influence of intoxicants if person had   { - 0.20 - }
 { + 0.15 + } percent or more by weight of alcohol in blood of
person at time of offense.
 
                        A BILL FOR AN ACT
Relating to penalties for driving while under the influence of
  intoxicants; creating new provisions; and amending ORS 813.010.
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 - }   { + one or more of the
following fines + } 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 a person who drives a vehicle while 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.  { + The amendments to ORS 813.010 by section 1 of
this 2009 Act apply to offenses of driving while under the
influence of intoxicants committed on or after the effective date
of this 2009 Act. + }
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