Oregon Statutes 813.100 – Implied consent to breath or blood test; confiscation of license upon refusal or failure of test
(1) Any person who operates a motor vehicle upon premises open to the public or the highways of this state shall be deemed to have given consent, subject to the implied consent law, to a chemical test of the person’s breath, or of the person’s blood if the person is receiving medical care in a health care facility immediately after a motor vehicle accident, for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for driving a motor vehicle while under the influence of intoxicants in violation of ORS § 813.010 or of a municipal ordinance. A test shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving while under the influence of intoxicants in violation of ORS § 813.010 or of a municipal ordinance. Before the test is administered the person requested to take the test shall be informed of consequences and rights as described under ORS § 813.130.
Terms Used In Oregon Statutes 813.100
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) If a person refuses to submit to a test under this section or if a breath test under this section discloses that the person, at the time of the test, had a level of alcohol in the person’s blood that constitutes being under the influence of intoxicating liquor under ORS § 813.300 and the person has been informed of rights and consequences as provided under ORS § 813.130, the person’s driving privileges are subject to suspension under ORS § 813.410 and the police officer shall do all of the following:
(a) Immediately take custody of any driver license or permit issued by this state to the person to grant driving privileges.
(b) Provide the person with a written notice of intent to suspend, on forms prepared and provided by the Department of Transportation. The written notice shall inform the person of consequences and rights as described under ORS § 813.130.
(c) If the person qualifies under ORS § 813.110, issue to the person, on behalf of the department, a temporary driving permit described under ORS § 813.110.
(d) Within a period of time required by the department by rule, report action taken under this section to the department and prepare and cause to be delivered to the department a report as described in ORS § 813.120, along with the confiscated license or permit and a copy of the notice of intent to suspend.
(3) If a blood test under this section discloses that the person, at the time of the test, had a level of alcohol in the person’s blood that constitutes being under the influence of intoxicating liquor under ORS § 813.300, the person’s driving privileges are subject to suspension under ORS § 813.410 and the police officer shall report to the department within 45 days of the date of arrest that the person failed the blood test.
(4) Nothing in this section precludes a police officer from obtaining a chemical test of the person’s breath or blood through any lawful means for use as evidence in a criminal or civil proceeding including, but not limited to, obtaining a search warrant. [1983 c.338 § 591; 1985 c.16 § 298; 1985 c.672 § 19; 1993 c.305 § 1; 1995 c.568 § 1; 2013 c.642 § 1; 2019 c.475 § 1]
(1) Except as otherwise provided by this section, police officers, on behalf of the Department of Transportation, shall issue temporary driving permits described under this section to persons when required under ORS § 813.100.
(2) The department shall provide police departments and agencies with permits for issuance as required by this section. The department shall establish the form and content of permits described in this section as the department determines appropriate, but in a manner consistent with this section.
(3) A permit described in this section is subject to all the following:
(a) Except as provided in paragraph (b) of this subsection, the permit is valid until the 30th day after the date of arrest.
(b) During the 12-hour period following issuance of the permit, the person is subject to ORS § 807.570, and the permit is not a defense to a charge under ORS § 807.570.
(c) The permit shall be issued without payment of any fee.
(d) The permit grants the same driving privileges as those granted by the person’s license taken into possession under ORS § 813.100.
(4) A police officer shall not issue a permit under this section if:
(a) Driving privileges of the person were suspended, revoked or canceled at the time the person was arrested;
(b) The person whose license was taken into custody was operating on an invalid license;
(c) The person was not entitled to driving privileges at the time of the arrest for any other reason; or
(d) The person holds a license or permit granting driving privileges that was issued by another state or jurisdiction and that is not taken into custody under ORS § 813.100. [1985 c.16 § 142; 1985 c.672 § 17]