ORS 813.015
Affirmative defense
- qualifications
- written notice
(1)
As used in this section, “drug” has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).(2)
In a prosecution under ORS 813.010 (Driving under the influence of intoxicants) 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)
Intentionally left blank —Ed.(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]
Source:
Section 813.015 — Affirmative defense; qualifications; written notice, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html (accessed May 26, 2025).