OAR 735-070-0054
Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410

(1) A police report required by ORS 813.100 (Implied consent to breath or blood test) must be submitted to the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) on forms approved and distributed by the department.
(2) For DMV to suspend a person’s non-commercial Class C driving privileges, commercial driving privileges or both or right to apply for driving privileges or a commercial driving privileges under ORS 813.410 (Suspension upon receipt of police report on implied consent test) for failure of a breath test or for refusal of a breath, blood or urine test, the implied consent form(s) must:
(a) Be received by DMV on or before the 30th day after the date of arrest; and
(b) Contain the following information:
(A) Specify all of the following that apply:
(i) The person failed a breath test;
(ii) The person refused a breath test;
(iii) The person refused a blood test;
(iv) The person refused a urine test;
(v) The person was operating a commercial motor vehicle;
(vi) The person was operating a vehicle transporting hazardous materials.
(B) A date of arrest; and
(C) The reporting officer’s signature below the statement, “I affirm by my signature that the foregoing events occurred.” The officer’s signature will be considered acceptable if located anywhere on the line of the form directly below the statement.
(3) For DMV to suspend a person’s non-commercial Class C driving privileges, commercial driving privileges, or both or right to apply for driving privileges or a commercial driving privileges under ORS 813.410 (Suspension upon receipt of police report on implied consent test) for failure of a blood test, the police report form must be received by DMV on or before the 45th day after the date of arrest and must indicate that the person failed a blood test and whether the person was operating a commercial motor vehicle, as well as the information required in paragraphs (2)(b)(B) and (C) of this rule.
(4) If an implied consent suspension has been posted pursuant to this rule and a timely hearing request has not been submitted as provided for in ORS 813.410 (Suspension upon receipt of police report on implied consent test)(3), the driver may have the implied consent suspension withdrawn only by:
(a) Having the police agency or district attorney’s office follow procedures outlined in OAR 735-070-0055 (Withdrawal of Implied Consent Forms by Police Agency);
(b) Obtaining and prevailing at a hearing under ORS 813.440 (Grounds for hearing on validity of suspension); or
(c) DMV, when it withdraws the suspension pursuant to ORS 813.460 (Department procedures upon verification of suspension of driving privileges of wrong person) and OAR 735-070-0060 (Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460).

Source: Rule 735-070-0054 — Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-070-0054.

735‑070‑0000
Driver License Cancellations — Not Entitled to Driving Privileges 735‑070‑0004
Cancellation and Suspension Actions Under ORS 809.310 735‑070‑0006
Reinstatement of Driving Privileges Suspended for Obtaining False ID 735‑070‑0010
Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320 735‑070‑0015
NDR/PDPS and CDLIS Checks at Reinstatement 735‑070‑0020
Hearing Following a Cancellation 735‑070‑0030
Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation 735‑070‑0035
Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges 735‑070‑0050
Designated Agents for Vehicle Suspensions 735‑070‑0054
Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410 735‑070‑0055
Withdrawal of Implied Consent Forms by Police Agency 735‑070‑0060
Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460 735‑070‑0076
DUII Diversion Agreements — Definitions “Commenced Participating In” and “Presently Participating In” and Removal from Driving Records 735‑070‑0080
Ignition Interlock Device (IID) as Requirement Following DUII Suspension 735‑070‑0082
Medical Exemption from IID Requirement 735‑070‑0085
Proof of Treatment Completion Required for Reinstatement of DUII Suspension 735‑070‑0110
Hearing Requests Under the Administrative Procedures Act 735‑070‑0130
Fatal Accident Suspension 735‑070‑0145
Counting Convictions Toward Habitual Offender Revocation 735‑070‑0170
Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation
Last Updated

Jun. 8, 2021

Rule 735-070-0054’s source at or​.us