Section 813.420 – Duration of suspension for refusal or failure of test.
When the Department of Transportation imposes a suspension under ORS 813.410, the suspension shall be for a period of time determined according to the following: (1) If the suspension is for refusal of a test under ORS 813.100 and the person is not subject to an increase in the suspension time for reasons described in […]
Section 813.430 – Grounds for increase in duration of suspension.
This section establishes circumstances under which ORS 813.420 requires an increase in the time for suspension of driving privileges and under which ORS 813.520 requires an increase in the time before the Department of Transportation may issue a hardship permit. A person is subject to an increase in suspension time under this section if any […]
Section 813.440 – Grounds for hearing on validity of suspension; rules.
(1) Notwithstanding ORS 813.410, the Department of Transportation may provide a hearing to determine the validity of a suspension under ORS 813.410 only if the time requirements under ORS 813.410 could not be met because of any of the following: (a) The person’s physical incapacity, verified by a physician to the satisfaction of the department […]
Section 813.450 – Appeal from suspension for refusal or failure of breath test.
(1) The petition to the circuit court appealing an order of the Department of Transportation after a hearing under ORS 813.410 shall state the nature of the petitioner’s interest and the ground or grounds upon which the petitioner contends the order should be reversed or remanded. (2) The court shall conduct the review without a […]
Section 813.460 – Department procedures upon verification of suspension of driving privileges of wrong person.
If the Department of Transportation verifies to its satisfaction that it has suspended the driving privileges of the wrong person under ORS 813.410 because a person arrested for driving under the influence of intoxicants gave false identification at the time of the arrest, all the following apply: (1) The department shall immediately rescind the suspension […]
Section 813.470 – Department notation on record of person acquitted after suspension.
The Department of Transportation shall make a notation on the driving record of a person indicating that the person was acquitted of a charge of driving under the influence of intoxicants if: (1) The person’s driving privileges were suspended because a breath or blood test under ORS 813.100 disclosed that the person had a level […]
Section 813.520 – Limitations on authority to issue hardship permit or reinstate driving privileges.
The Department of Transportation may not reinstate any driving privileges or issue any hardship permit under ORS 807.240 as provided under any of the following: (1) For a period of 90 days after the beginning of the suspension if the suspension is for refusal of a test under ORS 813.100 and the person is not […]
Section 813.300 – Use of blood alcohol percentage as evidence; percentage required for being under the influence.
(1) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person driving a motor vehicle while under the influence of intoxicants, if the amount of alcohol in the person’s blood at the time alleged is less than 0.08 percent by weight of alcohol as […]
Section 813.599 – Definitions.
As used in ORS chapter 813: (1) “Ignition interlock device technician” means an individual employed by a service center to install, service, maintain, calibrate or remove ignition interlock devices. (2) “Manufacturer’s representative” means a business entity: (a) That is registered with or authorized by the Secretary of State to transact business in this state; (b) […]
Section 813.310 – Refusal to take chemical test admissible as evidence.
If a person refuses to physically submit to a chemical test under ORS 813.100 or 813.131, evidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was driving a motor vehicle on premises open to the public […]