Section 813.322 – Department of State Police rules regarding breath tests as evidence; validity of officer’s permit.
(1) A court shall, at the request of a party to the case, admit into evidence, without certification, a copy of administrative rules of the Department of State Police addressing methods of conducting chemical tests of a person’s breath in a proceeding arising from the arrest of a person for driving while under the influence […]
Section 813.602 – Circumstances under which ignition interlock device required; exemptions; rules.
(1) Subject to subsection (2) of this section, when a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock […]
Section 813.324 – Use of testimony from implied consent hearing as evidence in prosecution.
(1) If the prosecuting attorney or the attorney for the defendant in a prosecution for driving while under the influence of intoxicants obtains a tape or a transcript of a hearing held for the defendant under ORS 813.410, the attorney must provide a copy of the tape or transcript to the attorney for the other […]
Section 813.326 – Felony driving while under the influence of intoxicants; prior convictions.
(1) In a prosecution for felony driving while under the influence of intoxicants under ORS 813.010, the state shall plead the prior convictions and shall prove the prior convictions unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury: (a) The court shall accept […]
Section 813.328 – Notice of intent to challenge validity of prior convictions.
(1) A defendant who challenges the validity of prior convictions alleged by the state as an element of felony driving while under the influence of intoxicants must give notice of the intent to challenge the validity of the prior convictions at least seven days prior to the first date set for trial on the felony […]
Section 813.400 – Suspension or revocation upon conviction; duration; review.
(1) Except as provided in subsection (2) of this section, upon receipt of a record of conviction for misdemeanor driving while under the influence of intoxicants, the Department of Transportation shall suspend the driving privileges of the person convicted. The suspension shall be for a period described under Schedule II of ORS 809.428, except the […]
Section 813.410 – Suspension upon receipt of police report on implied consent test; hearing; validity of suspension; appeal; rules.
(1) If the Department of Transportation receives from a police officer a report that is in substantial compliance with ORS 813.120, the department shall suspend the driving privileges of the person in this state on the 30th day after the date of arrest or, if the report indicates that the person failed a blood test, […]
Section 813.240 – Amount and distribution of filing fee; screening interview fee.
(1) The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 is $490. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal […]
Section 813.245 – Booking.
When a court grants a petition for a driving while under the influence of intoxicants diversion agreement, a court shall ensure that the defendant submits to booking, if the defendant has not already been booked on the charge of driving while under the influence of intoxicants in violation of ORS 813.010. [2015 c.145 §3] Note: […]
Section 813.250 – Motion to dismiss charge on completion of diversion; admissibility of statements.
(1) At any time after the conclusion of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230, a defendant who has fully complied with and performed the conditions of the diversion agreement may apply by motion to the court wherein the diversion agreement was entered for an […]