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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 813.412 – Role of police officer in implied consent hearing.

Notwithstanding ORS 9.160 and 9.320, in any hearing under ORS 813.410 in which a city attorney or district attorney does not appear, a police officer actively involved in the investigation of the offense may present evidence, examine and cross-examine witnesses and make arguments relating to: (1) The application of statutes and rules to the facts […]

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 […]