ORS 813.120
Police report to department

(1)

A report required by ORS 813.100 (Implied consent to breath or blood test) 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 (Driving under the influence of intoxicants) 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 (Driving under the influence of intoxicants) 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 (Use of blood alcohol percentage as evidence).

(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 (Rights of and consequences for person asked to take test).

(f)

Whether the person was given written notice of intent to suspend required by ORS 813.100 (Implied consent to breath or blood test) (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 (Methods of conducting chemical analyses).

(2)

A report required by ORS 813.100 (Implied consent to breath or blood test) 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]

Source: Section 813.120 — Police report to department, https://www.­oregonlegislature.­gov/bills_laws/ors/ors813.­html.

See also annotations under ORS 483.634 in permanent edition.

Notes of Decisions

Under former similar statute (ORS 487.805)

Statement whether officer had reasonable belief that person was under influence at time of request need not recite grounds for officer’s belief. Vaughn v. Motor Vehicles Div., 25 Or App 543, 550 P2d 477 (1976)

Where report prepared pursuant to this section contained all the essential statements and declarations, fact that another officer later inserted additional statements in the report did not cause it to be legally insufficient to confer jurisdiction on Motor Vehicles Division. Lucas v. Motor Vehicles Division, 55 Or App 797, 639 P2d 1306 (1982), Sup Ct review denied

In general

Person taken into formal custody on potentially criminal charge is involved in “criminal prosecution” for purposes of Article I, section 11, Oregon Constitution, and for that reason arrested driver has right, on request, to reasonable opportunity to obtain legal advice before deciding whether to submit to breathalyzer exam. State v. Spencer, 305 Or 59, 750 P2d 147 (1988)

Law Review Citations

Under former similar statute (ORS 487.805)

19 WLR 807 (1983)

813.010
Driving under the influence of intoxicants 813.011
Felony driving under the influence of intoxicants 813.012
Crime classification for purposes of rules of Oregon Criminal Justice Commission 813.017
Arraignment 813.020
Fee to be paid on conviction 813.021
Requirements for screening interview and treatment program 813.022
Proof of treatment 813.023
Alternative payment methods for screening interview or treatment program 813.025
Designation of agency to perform screening interview and treatment program 813.030
Amount of fee 813.040
Standards for determination of problem condition involving alcohol, inhalants or controlled substances 813.050
Out-of-service orders for operators of commercial motor vehicles 813.055
Civil penalty for violation of out-of-service order or notice 813.095
Offense of refusal to take a test for intoxicants 813.100
Implied consent to breath or blood test 813.110
Temporary permit upon confiscation of license 813.120
Police report to department 813.130
Rights of and consequences for person asked to take test 813.131
Implied consent to urine test 813.132
Consequences of refusing to take urine test 813.135
Implied consent to field sobriety tests 813.136
Consequence of refusal or failure to submit to field sobriety tests 813.140
Chemical test with consent 813.150
Chemical test at request of arrested person 813.160
Methods of conducting chemical analyses 813.170
Plea agreement prohibited 813.200
Notice of availability of diversion 813.210
Petition 813.215
Eligibility for diversion 813.220
Matters to be considered by court in determining to allow diversion agreement 813.222
Right of victim to be present at hearing 813.225
Petition for extension of diversion period 813.230
Diversion agreement 813.233
Exemption from completing treatment program in this state 813.235
Attendance at victim impact treatment session as condition of diversion 813.240
Amount and distribution of filing fee 813.245
Booking 813.250
Motion to dismiss charge on completion of diversion 813.252
Motion to dismiss charge when minimal fine amount remains 813.255
Termination of diversion 813.260
Designation of agencies to perform screening interviews 813.270
Intoxicated Driver Program Fund 813.300
Use of blood alcohol percentage as evidence 813.310
Refusal to take chemical test admissible as evidence 813.320
Effect of implied consent law on evidence 813.322
Department of State Police rules regarding breath tests as evidence 813.324
Use of testimony from implied consent hearing as evidence in prosecution 813.326
Felony driving while under the influence of intoxicants 813.328
Notice of intent to challenge validity of prior convictions 813.400
Suspension or revocation upon conviction 813.410
Suspension upon receipt of police report on implied consent test 813.412
Role of police officer in implied consent hearing 813.420
Duration of suspension for refusal or failure of test 813.430
Grounds for increase in duration of suspension 813.440
Grounds for hearing on validity of suspension 813.450
Appeal from suspension for refusal or failure of breath test 813.460
Department procedures upon verification of suspension of driving privileges of wrong person 813.470
Department notation on record of person acquitted after suspension 813.520
Limitations on authority to issue hardship permit or reinstate driving privileges 813.599
Definitions 813.600
Ignition interlock program 813.602
Circumstances under which ignition interlock device required 813.603
Waiver of costs of ignition interlock device 813.604
Notice of court order 813.606
Exception for employee otherwise required to have device 813.608
Knowingly furnishing motor vehicle without ignition interlock device 813.610
Soliciting another to blow into ignition interlock device 813.612
Unlawfully blowing into ignition interlock device 813.614
Tampering with ignition interlock device 813.616
Use of certain moneys to pay for ignition interlock program 813.620
Suspension of driving privileges for failing to provide proof of device installation or for tampering with device 813.630
Notice of ignition interlock device installation and negative reports 813.635
Consequence for negative reports generated from ignition interlock device 813.640
Additional treatment following negative reports 813.645
Motion to vacate requirement to install and use ignition interlock device 813.660
Service center and manufacturer’s representative certification 813.665
Criminal background check for technicians 813.670
Complaint process 813.680
Ignition Interlock Device Management Fund
Green check means up to date. Up to date

Current through early 2024

§ 813.120’s source at oregon​.gov