ORS 813.450
Appeal from suspension for refusal or failure of breath test

(1)

The petition to the circuit court appealing an order of the Department of Transportation after a hearing under ORS 813.410 (Suspension upon receipt of police report on implied consent test) shall state the nature of the petitioner’s interest and the ground or grounds upon which the petitioner contends the order should be reversed or remanded.

(2)

The court shall conduct the review without a jury. Review shall be limited to the record of the department’s hearing.

(3)

Any party to the proceedings before the circuit court may appeal from the judgment of the court to the Court of Appeals.

(4)

Upon review in the circuit court and Court of Appeals, the court may affirm, reverse or remand the order as follows:

(a)

If the court finds that the department has erroneously interpreted a provision of law and that a correct interpretation compels a particular action, it shall:

(A)

Set aside or modify the order; or

(B)

Remand the case to the department for further action under a correct interpretation of the provision of law.

(b)

The court shall remand the order to the department if it finds the department’s exercise of discretion to be any of the following:

(A)

Outside the range of discretion delegated to the agency by law.

(B)

Inconsistent with a department rule, an officially stated department position, or a prior department practice, if the inconsistency is not explained by the department.

(C)

Otherwise in violation of a constitutional or statutory provision.

(c)

The court shall set aside or remand the order if it finds that the order is not supported by substantial evidence in the record.

(5)

Upon review, the court shall affirm the department’s order unless the court finds a ground for setting aside, modifying or remanding to the department under a specified provision of this section.

(6)

In any review under this section, the court shall also review de novo determinations made by an agency that are subject to ORS 183.650 (Form of order) (4). [1985 c.672 §23; 1999 c.849 §§196,197; 2003 c.75 §69]

Source: Section 813.450 — Appeal from suspension for refusal or failure of breath test, https://www.­oregonlegislature.­gov/bills_laws/ors/ors813.­html.

Notes of Decisions

Appeal from order suspending driver license for refusal to take breath test is not subject to Administrative Procedures Act and review de novo by circuit court was improper. Arrien v. MVD, 88 Or App 172, 744 P2d 595 (1987)

Substantial evidence supported hearings officer’s determination that petitioner did not need to urinate so badly as to render involuntary his decisions not to take breath test and not to contact attorney. Shakerin v. MVD, 101 Or App 357, 790 P2d 1180 (1990)

Scope of review of Motor Vehicle Division’s order by trial court and by Court of Appeals is whether order is supported by substantial evidence in record. Oviedo v. MVD, 102 Or App 110, 792 P2d 1244 (1990)

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

§ 813.450’s source at oregon​.gov