Driving Under the Influence of Intoxicants

ORS 813.420
Duration of suspension for refusal or failure of test


When the Department of Transportation imposes a suspension under ORS 813.410 (Suspension upon receipt of police report on implied consent test), the suspension shall be for a period of time determined according to the following:

(1)

If the suspension is for refusal of a test under ORS 813.100 (Implied consent to breath or blood test) and the person is not subject to an increase in the suspension time for reasons described in ORS 813.430 (Grounds for increase in duration of suspension), the suspension shall be for a period of one year.

(2)

If the suspension is for refusal of a test under ORS 813.100 (Implied consent to breath or blood test) and the person is subject to an increase in the suspension time for reasons described in ORS 813.430 (Grounds for increase in duration of suspension), the suspension shall be for a period of three years.

(3)

If the suspension is because a breath or blood test under ORS 813.100 (Implied consent to breath or blood test) disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence) and the person is not subject to an increase in the suspension time for reasons described in ORS 813.430 (Grounds for increase in duration of suspension), the suspension shall be for a period of 90 days.

(4)

If the suspension is because a breath or blood test under ORS 813.100 (Implied consent to breath or blood test) disclosed that the person had a level of alcohol in the person’s blood that constituted being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence) and the person is subject to an increase in the suspension time for reasons described in ORS 813.430 (Grounds for increase in duration of suspension), the suspension shall be for a period of one year. [1985 c.16 §171; 1993 c.305 §7; 1995 c.568 §7]

Source

Last accessed
Jun. 26, 2021