Section 813.040 – Standards for determination of problem condition involving alcohol, inhalants or controlled substances.
This section establishes, for purposes of ORS 471.432 and 807.060, when a person has a problem condition involving alcohol, cannabis, psilocybin, controlled substances or inhalants. For purposes of ORS 471.432 and 807.060, a person has a problem condition involving alcohol, cannabis, psilocybin, controlled substances or inhalants if it is determined that the person has a […]
Section 813.050 – Out-of-service orders for operators of commercial motor vehicles; grounds; duration; rules; penalty.
(1) A police officer or a person authorized by the Department of Transportation to perform vehicle safety inspections shall issue an out-of-service order to the operator of a commercial motor vehicle if any of the following applies: (a) The person has reasonable grounds to believe that the operator has consumed alcohol or other intoxicating beverage […]
Section 813.055 – Civil penalty for violation of out-of-service order or notice.
(1) The Department of Transportation shall impose a civil penalty on the operator of a commercial motor vehicle if: (a) The operator has violated an out-of-service order issued under ORS 813.050 or any other out-of-service order or notice issued by the department or an authorized representative of the department; or (b) The department receives notification […]
Section 813.012 – Crime classification for purposes of rules of Oregon Criminal Justice Commission.
(1) The Oregon Criminal Justice Commission shall classify felony driving while under the influence of intoxicants that is committed under the circumstances described in ORS 813.010 (5) as crime category 6 of the rules of the Oregon Criminal Justice Commission. (2) In determining criminal history for a person convicted of a felony that has operation […]
Section 813.017 – Arraignment; booking.
When a person is arraigned on a charge of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall ensure that the defendant submits to booking, if the person has not already been booked on that charge. [2015 c.145 §2]
Section 813.020 – Fee to be paid on conviction; screening and treatment; mandatory imprisonment or community service; attendance at victim impact treatment session; session fee.
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 […]
Section 813.021 – Requirements for screening interview and treatment program.
(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, […]
Section 813.022 – Proof of treatment.
(1) A person who has been convicted of driving while under the influence of intoxicants under ORS 813.010 shall provide proof to the Department of Transportation that the person completed a treatment program to which the person was referred under ORS 813.021. (2) The department may not reinstate a person’s driving privileges unless: (a) The […]
Section 813.023 – Alternative payment methods for screening interview or treatment program.
A person required to pay for a screening interview or treatment program under ORS 813.021, 813.200, 813.210 or 813.240 who is eligible for the state medical assistance program or is enrolled in a health benefit plan, as defined in ORS 743B.005, may utilize the state medical assistance program or health benefit plan as a third […]
Section 813.025 – Designation of agency to perform screening interview and treatment program; qualifications; rules.
A court may designate a single agency or organization to perform the screening interviews and treatment programs described in ORS 813.021 and 813.260 (1) when the Director of the Oregon Health Authority certifies that: (1) An agency or organization may accept such designations due to the lack of alternative agencies or organizations in the service […]