(1) The person is presently participating in a driving while under the influence of intoxicants diversion program in this state or in any similar alcohol or drug rehabilitation program in this or another jurisdiction.
(2) Within the five years preceding the date of arrest any of the following occurred:
(a) A suspension of the person’s driving privileges under ORS 813.410 or 482.540 (1981 Replacement Part) became effective.
(b) The person was convicted of:
(A) Driving while under the influence of intoxicants in violation of:
(i) ORS 813.010;
(ii) The statutory counterpart to ORS 813.010 in another jurisdiction; or
(iii) A municipal ordinance in this state or another jurisdiction;
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, cannabis, psilocybin, a controlled substance, an inhalant or any combination thereof; or
(C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.
(c) The person commenced participating in a driving while under the influence of intoxicants diversion program in this state or in any similar alcohol or drug rehabilitation program in this or another jurisdiction.
(3) For the purposes of subsection (2)(b) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction. [1985 c.16 §173; 1985 c.672 §15; 1987 c.801 §12; 2007 c.879 §8; 2017 c.21 §87; 2021 c.253 §13]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 813 - Driving Under the Influence of Intoxicants
Section 813.010 - Driving under the influence of intoxicants; penalty.
Section 813.011 - Felony driving under the influence of intoxicants; penalty.
Section 813.012 - Crime classification for purposes of rules of Oregon Criminal Justice Commission.
Section 813.021 - Requirements for screening interview and treatment program.
Section 813.022 - Proof of treatment.
Section 813.023 - Alternative payment methods for screening interview or treatment program.
Section 813.030 - Amount of fee; distribution.
Section 813.055 - Civil penalty for violation of out-of-service order or notice.
Section 813.095 - Offense of refusal to take a test for intoxicants; penalty.
Section 813.110 - Temporary permit upon confiscation of license.
Section 813.120 - Police report to department.
Section 813.130 - Rights of and consequences for person asked to take test.
Section 813.131 - Implied consent to urine test; privacy; laboratories for analysis.
Section 813.132 - Consequences of refusing to take urine test; exception.
Section 813.140 - Chemical test with consent; unconscious person.
Section 813.170 - Plea agreement prohibited.
Section 813.200 - Notice of availability of diversion; petition; form; contents.
Section 813.210 - Petition; filing fee; screening interview fee; service on prosecutor; objection.
Section 813.215 - Eligibility for diversion.
Section 813.222 - Right of victim to be present at hearing.
Section 813.225 - Petition for extension of diversion period; conditions.
Section 813.230 - Diversion agreement; record; duration; effect of denial.
Section 813.233 - Exemption from completing treatment program in this state.
Section 813.240 - Amount and distribution of filing fee; screening interview fee.
Section 813.250 - Motion to dismiss charge on completion of diversion; admissibility of statements.
Section 813.252 - Motion to dismiss charge when minimal fine amount remains.
Section 813.255 - Termination of diversion.
Section 813.260 - Designation of agencies to perform screening interviews; duties of agency.
Section 813.270 - Intoxicated Driver Program Fund; creation; uses.
Section 813.320 - Effect of implied consent law on evidence.
Section 813.324 - Use of testimony from implied consent hearing as evidence in prosecution.
Section 813.326 - Felony driving while under the influence of intoxicants; prior convictions.
Section 813.328 - Notice of intent to challenge validity of prior convictions.
Section 813.400 - Suspension or revocation upon conviction; duration; review.
Section 813.412 - Role of police officer in implied consent hearing.
Section 813.420 - Duration of suspension for refusal or failure of test.
Section 813.430 - Grounds for increase in duration of suspension.
Section 813.440 - Grounds for hearing on validity of suspension; rules.
Section 813.450 - Appeal from suspension for refusal or failure of breath test.
Section 813.470 - Department notation on record of person acquitted after suspension.
Section 813.520 - Limitations on authority to issue hardship permit or reinstate driving privileges.
Section 813.599 - Definitions.
Section 813.600 - Ignition interlock program; rules.
Section 813.602 - Circumstances under which ignition interlock device required; exemptions; rules.
Section 813.603 - Waiver of costs of ignition interlock device; rules.
Section 813.604 - Notice of court order; notation on hardship permit; rules.
Section 813.606 - Exception for employee otherwise required to have device.
Section 813.608 - Knowingly furnishing motor vehicle without ignition interlock device; penalty.
Section 813.610 - Soliciting another to blow into ignition interlock device; penalty.
Section 813.612 - Unlawfully blowing into ignition interlock device; penalty.
Section 813.614 - Tampering with ignition interlock device; penalty.
Section 813.630 - Notice of ignition interlock device installation and negative reports.
Section 813.635 - Consequence for negative reports generated from ignition interlock device; rules.
Section 813.645 - Motion to vacate requirement to install and use ignition interlock device.
Section 813.660 - Service center and manufacturer’s representative certification; fees; rules.
Section 813.665 - Criminal background check for technicians; rules.
Section 813.670 - Complaint process.
Section 813.680 - Ignition Interlock Device Management Fund.