Driving Under the Influence of Intoxicants

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]

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)


Source

Last accessed
Jun. 26, 2021