reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.725 - Driver failure to report accident to Department of Transportation; penalty.

(1) The driver of a vehicle commits the offense of driver failure to report an accident if the driver does any of the following:
(a) Is driving any vehicle that is involved in an accident required to be reported under ORS 811.720 and does not, within 72 hours of the accident, complete a report of the accident in a form approved by the Department of Transportation and submit the report to the department.
(b) Is driving a vehicle that is involved in an accident and does not submit to the department any report required by the department that is other than or in addition to the reports required by this section. The department may request a supplemental report if in the opinion of the department the original report is insufficient.
(c) Is driving any vehicle that is involved in an accident required to be reported under ORS 811.720 and does not, within 72 hours of the accident, provide proof of compliance with financial responsibility requirements to the department, in a form furnished by the department, that at the time of the accident the person was in compliance with the financial responsibility requirements.
(2) The proof of compliance with financial responsibility required under this section is subject to the prohibitions and penalties for false certification under ORS 806.050.
(3) The reports described under this section are subject to the provisions of ORS 802.220 and 802.240 relating to the use of such reports after submission. Exemptions from requirements to provide proof of compliance with financial responsibility are established under ORS 806.020.
(4) A driver may be required to file additional accident reports with a city as provided under ORS 801.040.
(5) The offense described in this section, driver failure to report an accident, is a Class B traffic violation. [1983 c.338 §577; 1985 c.393 §36; 1993 c.751 §67; 2005 c.195 §1; 2019 c.312 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.730 - Owner failure to report accident to Department of Transportation; penalty.

(1) The owner of a vehicle commits the offense of owner failure to report an accident if the owner does any of the following:
(a) If the person owns a vehicle that is involved in an accident that is required to be reported under ORS 811.720 and all of the following apply:
(A) The accident occurred while the vehicle was driven by someone other than the owner of the vehicle.
(B) The driver of the vehicle does not make an accident report as required under ORS 811.725.
(C) The owner of the vehicle fails to report the accident to the Department of Transportation in a form specified by the department as soon as the owner learns of the accident.
(b) If the person is the owner of a vehicle involved in an accident and the person does not make any additional reports the department may require.
(2) The offense described in this section, owner failure to report an accident, is a Class B traffic violation. [1983 c.338 §578; 1985 c.393 §37; 1993 c.751 §68]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.735 - Failure of vehicle occupant to make accident report to Department of Transportation; penalty.

(1) A person commits the offense of failure of a vehicle occupant to make an accident report if:
(a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported under ORS 811.720;
(b) The driver of the vehicle is physically incapable of making an accident report required under ORS 811.725; and
(c) The occupant does not make the accident report or cause the accident report to be made.
(2) This section does not require an occupant of a vehicle who is not a driver to provide proof of compliance with financial responsibility requirements.
(3) The offense described in this section, failure of a vehicle occupant to make an accident report, is a Class B traffic violation. [1983 c.338 §579; 2019 c.312 §14]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.740 - False accident report; penalty.

(1) A person commits the offense of giving a false accident report if the person gives information in any report required under ORS 811.725 or 811.730, knowing or having reason to believe that such information is false.
(2) The offense described in this section, giving a false accident report, is a Class B misdemeanor. [1983 c.338 §581; 1985 c.393 §38]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.747 - Definitions for ORS 811.748 and 811.750.

As used in ORS 811.748 and 811.750:
(1) "Emergency communications system" has the meaning given that term in ORS 403.105.
(2) "Law enforcement agency" means any agency that employs members of the Oregon State Police, a sheriff, a deputy sheriff, a city police officer, a police officer commissioned by a university under ORS 352.121 or 353.125 or a law enforcement officer employed by a service district established under ORS 451.410 to 451.610 for the purpose of law enforcement services. [2009 c.490 §3; 2011 c.506 §51; 2013 c.180 §57; 2015 c.247 §38]
Note:
See note under 811.745.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.748 - Driver failure to report accident to police officer or law enforcement agency; penalty.

(1) The driver of a vehicle commits the offense of driver failure to report an accident if the driver is driving any vehicle that is involved in an accident required to be reported under ORS 811.745 and the driver, if physically capable, does not give notice of the accident immediately to a police officer or a law enforcement agency by the quickest means available.
(2) Notwithstanding subsection (1) of this section, a driver does not commit the offense of driver failure to report an accident if:
(a) The accident required to be reported under ORS 811.745 results in a serious injury or death; and
(b) The driver gives notice of the accident immediately to the emergency communications system by the quickest means available.
(3) The offense described in this section, driver failure to report an accident, is a Class A traffic violation. [2009 c.490 §4; 2015 c.247 §39]
Note:
See note under 811.745.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.750 - Failure of vehicle occupant to make accident report to police officer or law enforcement agency; penalty.

(1) A person commits the offense of failure of a vehicle occupant to make an accident report if:
(a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported to a police officer or a law enforcement agency under ORS 811.745;
(b) The driver of the vehicle is physically incapable of giving notice to a police officer or a law enforcement agency as required under ORS 811.748; and
(c) The occupant does not give notice of the accident immediately to a police officer or a law enforcement agency by the quickest means available.
(2) Notwithstanding subsection (1) of this section, a person does not commit the offense of failure of a vehicle occupant to make an accident report if:
(a) The accident required to be reported under ORS 811.745 results in a serious injury or death; and
(b) The person gives notice of the accident immediately to the emergency communications system by the quickest means available.
(3) The offense described in this section, failure of a vehicle occupant to make an accident report, is a Class A traffic violation. [2009 c.490 §5; 2015 c.247 §40]
Note:
See note under 811.745.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.800 - Operation of funeral vehicles with improper lights; penalty.

(1) A person commits the offense of operation of a funeral escort vehicle or a funeral lead vehicle with improper lights if the person:
(a) Fails to equip the funeral escort vehicle or funeral lead vehicle with at least one "fire company warning light" as provided for under ORS 816.350 and described under ORS 816.285; or
(b) Uses the "fire company warning light" at any time except during a funeral procession.
(2) No ordinance or other regulation shall prohibit the use of warning lights on a funeral escort vehicle or funeral lead vehicle while driving in a funeral procession.
(3) The offense described in this section, operation of a funeral escort vehicle or funeral lead vehicle with improper lights, is a Class D traffic violation. [1991 c.482 §6; 1993 c.18 §170; 1995 c.383 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.802 - Failure to yield right of way to funeral procession; penalty.

(1) A person commits the offense of failure to yield the right of way to a funeral procession if the funeral procession is accompanied by a funeral escort vehicle or a funeral lead vehicle and the person does not do the following:
(a) Yield the right of way to the funeral procession.
(b) Stop before entering any intersection and remain stopped until the funeral procession has passed.
(c) Obey any directions given by a driver of a funeral escort vehicle.
(2) Except as otherwise provided in subsection (3) of this section and except for emergency vehicles and police vehicles or at the direction of a police officer, this section applies to pedestrians, bicyclists, motor vehicle drivers and anyone else in the path of a funeral procession.
(3) This section applies only to persons who knew or in the exercise of reasonable care should have known of the presence of a funeral procession.
(4) The offense described in this section, failure to yield the right of way to a funeral procession, is a Class D traffic violation. [1991 c.482 §7; 1995 c.383 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.804 - Intersection rules for funeral processions.

(1) While exercising due caution regarding the safety of others, notwithstanding any traffic control device, right of way provisions or other provisions of the Oregon Vehicle Code, if the funeral escort vehicle or funeral lead vehicle lawfully enters an intersection, the following procession may enter the intersection without stopping.
(2) Notwithstanding subsection (1) of this section, the vehicles in the funeral procession shall yield the right of way:
(a) To an emergency vehicle giving an audible or visible signal; or
(b) If directed by a police officer to do so. [1991 c.482 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.806 - Exceeding maximum speed for funeral procession; penalty.

(1) Notwithstanding any other provision of law, a person commits the offense of exceeding the maximum speed for a funeral procession if:
(a) The person is driving in a funeral procession on a highway with a speed limit of less than 50 miles per hour and the person drives at a speed that exceeds five miles per hour less than the speed limit; or
(b) The person is driving in a funeral procession on a highway with a speed limit greater than 50 miles per hour and the person drives at a speed that exceeds 45 miles per hour.
(2) The offense described in this section, exceeding the maximum speed for a funeral procession, is a Class D traffic violation. [1991 c.482 §12; 1995 c.383 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.808 - Exemption from speed limits for funeral escort vehicle.

Notwithstanding ORS 811.111 or 811.295, while overtaking the funeral procession in order to direct traffic at the next intersection, the funeral escort vehicle may exceed the posted speed limit by 10 miles per hour and may cross the center line of a roadway that is divided into two or more lanes. [1991 c.482 §9; 2003 c.14 §494; 2003 c.819 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 811 - Rules of the Road for Drivers › Section 811.810 - Disrupting funeral procession; penalty.

(1) A person commits the offense of disrupting a funeral procession if:
(a) The person is driving a vehicle that is not a member of the funeral procession and the person drives between the vehicles in a funeral procession; or
(b) The person is driving a vehicle that is not a member of the funeral procession and the person joins the funeral procession in order to be exempt from any rule of the road.
(2) This section does not apply to any emergency vehicle or police vehicle while that vehicle is performing emergency or police duties.
(3) The offense described in this section, disrupting a funeral procession, is a Class D traffic violation. [1991 c.482 §10; 1995 c.383 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.011 - Felony driving under the influence of intoxicants; penalty.

(1) Driving under the influence of intoxicants under ORS 813.010 shall be a Class C felony if at least two times in the 10 years prior to the date of the current offense the defendant has been convicted of any of the following offenses in any combination:
(a) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart 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 an intoxicant, as defined in ORS 801.321, or a combination of intoxicants.
(c) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.
(2) Once a person has been sentenced for a Class C felony under this section, the 10-year time limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a Class C felony regardless of the amount of time which intervenes.
(3) Upon conviction for a Class C felony under this section, the person shall be sentenced to a mandatory minimum term of incarceration of 90 days, without reduction for any reason. [2011 c.1 §3; 2011 c.598 §2; 2021 c.480 §2; 2023 c.498 §6]
Note:
813.011 was enacted into law but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by law. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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 of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle, the commission shall:
(a) Consider two prior convictions of misdemeanor driving while under the influence of intoxicants to be equivalent to one conviction of felony driving while under the influence of intoxicants; and
(b) Consider felony driving while under the influence of intoxicants to be a person felony and consider misdemeanor driving while under the influence of intoxicants to be a person Class A misdemeanor. [1999 c.1049 §3; 2011 c.598 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.015 - Affirmative defense; qualifications; written notice.

(1) As used in this section, "drug" has the meaning given that term in ORS 475.005.
(2) In a prosecution under ORS 813.010 for driving while under the influence of intoxicants other than a prosecution involving intoxicating liquor, a controlled substance, an inhalant, cannabis or psylocibin, it is an affirmative defense that:
(a)(A) The defendant obtained a drug pursuant to a prescription issued by a licensed health care professional authorized to prescribe drugs and that the defendant consumed the drug in the prescribed or recommended dosage and followed all directions and warnings relating to the consumption of the drug, including directions, if any, from the manufacturer of the drug, the pharmacist who provided the drug to the defendant and the licensed health care professional who prescribed or recommended the drug to the defendant; or
(B) The defendant obtained a drug that is available without a prescription and that the defendant consumed the drug in the recommended dosage and followed all directions and warnings relating to the consumption of the drug; and
(b) The defendant experienced a reaction to the drug that the defendant could not reasonably have anticipated and that caused the defendant’s mental or physical faculties to be adversely affected to a noticeable and perceptible degree while driving a vehicle.
(3) A defendant may not introduce evidence of the affirmative defense described in subsection (2) of this section unless the defendant gives notice in writing of intent to do so. The notice must be filed with the court and served on the prosecuting attorney at least 45 days before the first trial date set for the case unless the parties agree otherwise or the court authorizes a later date for good cause shown, but under no circumstances less than 21 days before trial. The notice must specify the drug the defendant consumed and contact information for any medical provider who advised the defendant regarding that drug.
(4) The affirmative defense described in subsection (2) of this section may be asserted only with respect to a drug that is specified in the notice given under subsection (3) of this section, and may not be asserted when intoxicating liquor, a controlled substance, an inhalant, cannabis or psylocibin, or any combination of intoxicating liquor, a controlled substance, an inhalant, cannabis or psylocibin, is pleaded in the accusatory instrument. [2023 c.498 §5]
Note:
813.015 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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; exemptions.

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 described under ORS 813.030 in addition to any fine imposed under ORS 813.010;
(b) Complete a screening interview and a treatment program as provided in ORS 813.021; and
(c) Submit to booking, if the person has not already been booked.
(2) The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours’ imprisonment, which shall be served consecutively unless justice requires otherwise, or to perform community service for times specified by the court under ORS 137.129. For purposes of this subsection:
(a) A court may provide for the imprisonment to be served in jail, minimum security facilities or inpatient rehabilitation or treatment centers.
(b) Whenever the judge provides for the mandatory imprisonment to be served other than consecutively, the judgment must specifically so provide and the judge must state the reasons in writing.
(3) In a county that has a victim impact program a court may require the defendant to attend a victim impact treatment session. The court may not require a defendant to attend a victim impact treatment session if the defendant committed the current offense while riding a bicycle that is not an electric assisted bicycle. If the court requires attendance under this section, the court may require the defendant to pay a reasonable fee to the victim impact program to offset the cost of the defendant’s participation. The fee shall be established for each county by the victim impact panel coordinator and steering committee of that county and shall be not less than $5 or more than $50. [1983 c.338 §588; 1985 c.16 §294 and former 487.549; 1989 c.576 §5; 1991 c.557 §3; 1993 c.13 §4; 1993 c.468 §1; 1999 c.126 §1; 2003 c.14 §496; 2015 c.145 §4; 2023 c.498 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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, drug dependency or dependency on inhalants.
(b) Pay directly to the agency or organization conducting the screening interview a fee of $150.
(c) Complete the treatment program to which the person is referred.
(d) Pay for the treatment program to which the person is referred.
(2) The screening interview required by this section shall be conducted by an agency or organization designated by the court. The designated agency or organization must meet the standards set by the Director of the Oregon Health Authority to conduct the screening interviews. Wherever possible a court shall designate agencies or organizations to perform the screening interview that are separate from those that may be designated to carry out a treatment program.
(3) An agency or organization doing a screening interview under this section may not refer a person to a treatment program that has not been approved by the Director of the Oregon Health Authority.
(4) The agency or organization conducting a screening interview under this section shall monitor the progress of the person referred to the agency or organization. The agency or organization shall make a report to the referring court stating the person’s successful completion or failure to complete all or any part of the screening interview or of the treatment program to which the person was referred by the agency or organization performing the screening interview. The report shall be in a form determined by agreement between the court and the agency or organization providing the screening interview. [1999 c.126 §3; 1999 c.619 §8a; 2005 c.303 §1; 2009 c.595 §1140; 2015 c.318 §47]
Note:
813.021 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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 party payer for the costs of medically necessary chemical dependency services that are covered under the state medical assistance program or health benefit plan. The person remains responsible for the costs of the screening interview or treatment program, regardless of the amount of coverage or the failure of the third party payer to reimburse all of the costs. [2011 c.468 §1; 2013 c.375 §2; 2015 c.318 §48]
Note:
813.023 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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 area; or
(2) An agency or organization has applied to and been authorized by the Oregon Health Authority to operate a demonstration project that combines screening interviews and treatment programs. The authority shall by rule set forth the conditions under which a demonstration project may be authorized. [1991 c.557 §2; 1999 c.126 §4; 2009 c.595 §1141; 2015 c.318 §49]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.030 - Amount of fee; distribution.

(1) The fee required by ORS 471.432 and 813.020 (1) shall be in the amount of $255, except that the court may waive all or part of the fee in cases involving indigent defendants. The court may make provision for payment of the fee on an installment basis. A circuit court shall deposit the fee in the Criminal Fine Account. If the fee is collected in a municipal or justice court, the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account.
(2) The court may not order the fee under ORS 471.432 to be paid in any case where the person who is required to undergo assessment and treatment is under 18 years of age. [1985 c.16 §296; 1987 c.905 §29; 1989 c.576 §§6a,7a; 1989 c.635 §§1,3; 1991 c.557 §4; 1993 c.13 §5; 1999 c.646 §3; 2009 c.595 §1142; 2011 c.597 §§147,324; 2011 c.671 §3; 2012 c.81 §§2,3; 2021 c.597 §32]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.040 - Standards for determination of problem condition involving intoxicants.

This section establishes, for purposes of ORS 471.432 and 807.060, when a person has a problem condition involving intoxicants. For purposes of ORS 471.432 and 807.060, a person has a problem condition involving intoxicants if it is determined that the person has a problem condition in which the person’s health or that of others is substantially impaired or endangered or the person’s social or economic function is substantially disrupted because of the person’s:
(1) Habitual or periodic use of:
(a) Alcoholic beverages;
(b) Cannabis, unless the person holds a registry identification card as defined in ORS 475C.777; or
(c) Psilocybin; or
(2) Use of or loss of the ability to control the use of controlled substances, inhalants or other substances with abuse potential, including a condition that may have developed:
(a) A physical dependence in which the body requires a continuing supply of a controlled substance, an inhalant or a drug to avoid characteristic withdrawal symptoms; or
(b) A psychological dependence characterized by an overwhelming mental desire for continued use of a controlled substance, an inhalant or a drug. [1983 c.338 §589; 1999 c.126 §5; 1999 c.619 §9; 1999 c.646 §4; 2017 c.21 §81; 2018 c.76 §14; 2021 c.253 §7; 2023 c.498 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › 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 within four hours prior to the time the operator began operating the vehicle or at any time while operating the vehicle. As used in this paragraph, "reasonable grounds" includes, but is not limited to, smelling alcohol on the breath or person of the operator.
(b) A chemical test of the operator’s breath discloses any amount of alcohol in the blood of the operator.
(c) The operator possesses an intoxicating beverage while operating the vehicle. This subsection does not apply to possession of an intoxicating beverage that is manifested and transported as part of a shipment.
(2) An out-of-service order issued under this section shall become effective upon its issuance and shall remain in effect for 24 hours.
(3) The Department of Transportation shall adopt rules requiring that any driver issued an out-of-service order under this section be required to report the order to the department and to the driver’s employer. Rules adopted under this section may include, but need not be limited to, rules specifying the times within which reports must be made and the contents of the reports.
(4) Violation of an out-of-service order issued under this section is a Class A misdemeanor. [1991 c.185 §14; 1993 c.400 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.055 - Civil penalty for violation of out-of-service order or notice; rules.

(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 that a person has violated any out-of-service order or notice issued by a state or federal agency.
(2) For the purposes of this section, "notification" may include, but is not limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to determine that the operator has violated an out-of-service order or notice.
(3) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. The civil penalties imposed may not be reduced.
(4) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. [2009 c.395 §14; 2021 c.630 §116]
Note:
813.055 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.095 - Offense of refusal to take a test for intoxicants; penalty.

(1) A person commits the offense of refusal to take a test for intoxicants if the person refuses to:
(a) Take a breath test when requested to do so in accordance with the provisions of ORS 813.100; or
(b) Take a urine test when requested to do so in accordance with the provisions of ORS 813.131 and 813.132.
(2) The offense described in this section, refusal to take a test for intoxicants, is a specific fine traffic violation. The presumptive fine for refusal to take a test for intoxicants is $650. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. [2003 c.814 §2; 2009 c.614 §1; 2011 c.597 §102]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.110 - Temporary permit upon confiscation of license.

(1) Except as otherwise provided by this section, police officers, on behalf of the Department of Transportation, shall issue temporary driving permits described under this section to persons when required under ORS 813.100.
(2) The department shall provide police departments and agencies with permits for issuance as required by this section. The department shall establish the form and content of permits described in this section as the department determines appropriate, but in a manner consistent with this section.
(3) A permit described in this section is subject to all the following:
(a) Except as provided in paragraph (b) of this subsection, the permit is valid until the 30th day after the date of arrest.
(b) During the 12-hour period following issuance of the permit, the person is subject to ORS 807.570, and the permit is not a defense to a charge under ORS 807.570.
(c) The permit shall be issued without payment of any fee.
(d) The permit grants the same driving privileges as those granted by the person’s license taken into possession under ORS 813.100.
(4) A police officer shall not issue a permit under this section if:
(a) Driving privileges of the person were suspended, revoked or canceled at the time the person was arrested;
(b) The person whose license was taken into custody was operating on an invalid license;
(c) The person was not entitled to driving privileges at the time of the arrest for any other reason; or
(d) The person holds a license or permit granting driving privileges that was issued by another state or jurisdiction and that is not taken into custody under ORS 813.100. [1985 c.16 §142; 1985 c.672 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.120 - Police report to department.

(1) A report required by ORS 813.100 shall disclose substantially all of the following information:
(a) Whether the person, at the time the person was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance.
(b) Whether the police officer had reasonable grounds to believe, at the time the request was made, that the person arrested had been driving under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance.
(c) Whether the person refused to submit to a test or if the person submitted to a breath or blood test whether the level of alcohol in the person’s blood, as shown by the test, was sufficient to constitute being under the influence of intoxicating liquor under ORS 813.300.
(d) Whether the person was driving a commercial motor vehicle and refused to submit to a test or if the person submitted to a breath or blood test whether the level of alcohol in the person’s blood, as shown by the test, was 0.04 percent or more by weight.
(e) Whether the person was informed of consequences and rights as described under ORS 813.130.
(f) Whether the person was given written notice of intent to suspend required by ORS 813.100 (2)(b).
(g) If the arrested person took a test, a statement that the person conducting the test was appropriately qualified.
(h) If the arrested person took a test, a statement that any methods, procedures and equipment used in the test comply with any requirements under ORS 813.160.
(2) A report required by ORS 813.100 may be made in one or more forms specified by the Department of Transportation. [1983 c.338 §405; 1985 c.16 §215; 1985 c.672 §20; 1989 c.636 §42; 1993 c.305 §3; 1993 c.751 §70; 1995 c.568 §3; 2019 c.475 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.131 - Implied consent to urine test; privacy; laboratories for analysis.

(1) A person may be asked to provide a urine sample under ORS 813.140 or subsection (2) of this section.
(2) Any person who operates a motor vehicle upon premises open to the public or the highways of this state shall be deemed to have given consent, subject to the Motorist Implied Consent Law, to a chemical test of the person’s urine for the purpose of determining the presence of an intoxicant other than intoxicating liquor in the person’s body if the person is arrested for driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance and either:
(a) The person takes the breath test described in ORS 813.100 and the test discloses a blood alcohol content of less than 0.08 percent; or
(b) The person is involved in an accident resulting in injury or property damage. A urine test may be requested under this paragraph regardless of whether a breath test has been requested and regardless of the results of a breath test, if one is taken.
(3) A police officer may not request a urine test unless the officer is certified by the Department of Public Safety Standards and Training as having completed at least eight hours of training in recognition of drug impaired driving and the officer has a reasonable suspicion that the person arrested has been driving while under the influence of an intoxicant other than intoxicating liquor or a combination of intoxicants.
(4) A person asked to give a urine sample shall be given privacy and may not be observed by a police officer when producing the sample.
(5)(a) 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, a valid chemical analysis of a person’s urine is admissible as evidence and may be used with other evidence, if any, to determine whether the person was driving while under the influence of intoxicants.
(b) A chemical analysis of a person’s urine is valid if analysis is performed in an accredited or licensed toxicology laboratory. [1995 c.676 §1; 1999 c.619 §10; 1999 c.752 §1; 2009 c.325 §1; 2015 c.11 §1; 2017 c.21 §82; 2019 c.475 §3; 2021 c.253 §8; 2023 c.498 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.132 - Consequences of refusing to take urine test; exception.

(1) Except as otherwise provided in this section, a refusal to submit to a urine test requested under ORS 813.131 shall be treated for all purposes as a refusal to submit to a breath test. A suspension imposed for refusal to submit to a urine test under ORS 813.131 (2) shall be consecutive to any other suspension imposed under the Motorist Implied Consent Law. If a person is subject to consecutive suspensions, the length of time that must elapse before the Department of Transportation may reinstate driving privileges or issue a hardship permit under ORS 813.520 shall be doubled.
(2) If a person refuses to submit to a urine test under ORS 813.131 (2), in addition to information described in ORS 813.130, the person asked to take the test shall be informed that if the person refuses to submit to the test, the person’s driving privileges will be suspended for the same time period and with the same consequences as if the person had refused to submit to the breath test and that a suspension for refusal to submit to the urine test will be consecutive to any other suspension under the Motorist Implied Consent Law.
(3) Notwithstanding subsection (1) of this section, no suspension of driving privileges shall be imposed for refusal to submit to a urine test if the person provides documentation from a physician licensed by this state showing that the person has a medical condition that makes it impossible for the person to provide a sample. [1995 c.676 §2; 1997 c.25 §3; 2019 c.475 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.135 - Implied consent to field sobriety tests.

Any person who operates a vehicle upon premises open to the public or the highways of the state shall be deemed to have given consent to submit to field sobriety tests upon the request of a police officer for the purpose of determining if the person is under the influence of intoxicants if the police officer reasonably suspects that the person has committed the offense of driving while under the influence of intoxicants in violation of ORS 813.010 or a municipal ordinance. If the person refuses to consent to field sobriety tests, the person shall be asked to provide only physical cooperation to submit to nontestimonial field sobriety tests, and the person shall be informed of the consequences of failing to physically submit to those tests under ORS 813.136. [1989 c.576 §15; 2019 c.475 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.136 - Consequence of refusal or failure to submit to field sobriety tests.

If a person refuses or fails to physically submit to field sobriety tests as required by ORS 813.135 after the person has been informed of the consequences of refusing to submit, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was driving while under the influence of intoxicants. [1989 c.576 §14; 2019 c.475 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.140 - Chemical test with consent; unconscious person.

Nothing in ORS 813.100, 813.131 or 813.132 is intended to preclude the administration of a chemical test described in this section. A police officer may obtain a chemical test of the breath or blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, a controlled substance or an inhalant in the person as provided in the following:
(1) If, when requested by a police officer, the person expressly consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a person without the person’s consent if:
(a) The police officer has probable cause to believe that the person was driving while under the influence of intoxicants and that evidence of the offense will be found in the person’s blood or urine; and
(b) The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested. [1983 c.338 §593; 1985 c.16 §299; 1999 c.619 §11; 2013 c.642 §2; 2017 c.21 §83; 2019 c.475 §7; 2021 c.253 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.150 - Chemical test at request of arrested person.

In addition to a chemical test of the breath, blood or urine administered under ORS 813.100 or 813.140, upon the request of a police officer, a person shall be permitted upon request, at the person’s own expense, reasonable opportunity to have any licensed physician and surgeon, licensed professional nurse or qualified technician, chemist or other qualified person of the person’s own choosing administer a chemical test or tests of the person’s breath or blood for the purpose of determining the alcoholic content of the person’s blood or a chemical test or tests of the person’s blood or urine, or both, for the purpose of determining the presence of cannabis, psilocybin, a controlled substance or an inhalant in the person. The failure or inability to obtain such a test or tests by a person shall not preclude the admission of evidence relating to a test or tests taken upon the request of a police officer. [1983 c.338 §594; 1985 c.16 §300; 1999 c.619 §12; 2017 c.21 §84; 2021 c.253 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.170 - Plea agreement prohibited.

(1) Notwithstanding ORS 135.405 to 135.445, a person charged with the offense of driving under the influence of intoxicants shall not be allowed to plead "guilty" or "no contest" to any other offense in exchange for a dismissal of the offense charged. No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit diversion as provided under ORS 813.200.
(2) Notwithstanding ORS 135.881 to 135.901, a person charged with the offense of driving under the influence of intoxicants shall not be allowed to enter into any program of supervised performance or diversion except as provided under ORS 813.200. [1983 c.338 §382; 1999 c.1051 §294]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 813 - Driving Under the Influence of Intoxicants › Section 813.222 - Right of victim to be present at hearing.

(1) If a driving while under the influence of intoxicants offense involves damage to property of a person other than the defendant, the victim of the property damage has a right to be present and to be heard at any hearing on a petition for a diversion agreement.
(2) The district attorney or city attorney shall notify the victim that the defendant may be eligible for diversion and that if there is a hearing on a petition for diversion, the victim has a right to be present and to be heard at the hearing. [1999 c.445 §3]