Driving Under the Influence of Intoxicants

ORS 813.430
Grounds for increase in duration of suspension


This section establishes circumstances under which ORS 813.420 (Duration of suspension for refusal or failure of test) requires an increase in the time for suspension of driving privileges and under which ORS 813.520 (Limitations on authority to issue hardship permit or reinstate driving privileges) requires an increase in the time before the Department of Transportation may issue a hardship permit. A person is subject to an increase in suspension time under this section if any of the following apply:

(1)

The person is presently participating in a driving while under the influence of intoxicants diversion program in this state or in any similar alcohol or drug rehabilitation program in this or another jurisdiction.

(2)

Within the five years preceding the date of arrest any of the following occurred:

(a)

A suspension of the person’s driving privileges under ORS 813.410 (Suspension upon receipt of police report on implied consent test) or 482.540 (1981 Replacement Part) became effective.

(b)

The person was convicted of:

(A)

Driving while under the influence of intoxicants in violation of:

(i)

ORS 813.010 (Driving under the influence of intoxicants);

(ii)

The statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction; or
(iii) A municipal ordinance in this state or another jurisdiction;

(B)

A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination thereof; or

(C)

A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

(c)

The person commenced participating in a driving while under the influence of intoxicants diversion program in this state or in any similar alcohol or drug rehabilitation program in this or another jurisdiction.

(3)

For the purposes of subsection (2)(b) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction. [1985 c.16 §173; 1985 c.672 §15; 1987 c.801 §12; 2007 c.879 §8; 2017 c.21 §87]

Notes of Decisions

Increased suspension of driving privileges under this section is allowed only when person was previously convicted of driving offense that includes blood alcohol limit as element of that offense; thus, where person was convicted of out-of-state driving offense and elements of that charge contained no reference to alcohol, impairment or legal blood alcohol limit, and later charged for driving while intoxicated in Oregon, Driver and Motor Vehicle Services Division did not have grounds to increase petitioner's suspension of driving privileges. Martini v. DMV, 278 Or App 172, 373 P3d 1227 (2016)


Source

Last accessed
Jun. 26, 2021