The laws which govern "driving under the influence" are different in the states of Oregon and Washington. Given the close proximity of these jurisdictions in the greater Portland - Vancouver metropolitan area, a thorough understanding of the laws which govern both jurisdictions is very important for many people who live and work in both jurisdictions. For example, it is very common for our clients to live in Vancouver and work in the Portland area and vise versa. The following is an outline of the laws which govern "driving under the influence" charges in Oregon and Washington. The full text may be accessed through the links set forth below.
OREGON DUII STATUTES
The laws which govern DUII in the State of Oregon are set forth in the Vehicle Code of the Oregon Revised Statutes, Chapter 813.010 through 813.616. Pertinent portions of the statutory scheme are outlined as follows:
GENERAL PROVISIONS
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813.010 |
Driving under the influence of intoxicants; penalty
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813.012 |
Crime classification for purposes of rules of Oregon Criminal Justice Commission
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813.020 |
Fee to be paid on conviction; screening and treatment; mandatory imprisonment or community service; attendance at victim impact treatment session; session fee.
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813.021 |
Requirements for screening interview and treatment program
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813.025 |
Designation of agency to perform screening, diagnostic assessment and treatment; qualifications; rules.
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813.030 |
Amount of fee; distribution
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813.040 |
Standards for determination of problem condition involving alcohol, inhalants or controlled substances
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813.050 |
Out-of-service orders for operators of commercial motor vehicles; grounds; duration; rules; penalty
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813.055 |
Civil penalty for violation of out-of-service order or notice
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IMPLIED CONSENT
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813.095 |
Offense of refusal to take a test for intoxicants; penalty
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813.100 |
Implied consent to breath or blood test; confiscation of license upon refusal or failure of test
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813.110 |
Temporary permit upon confiscation of license
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813.120 |
Police report to department
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813.130 |
Rights of and consequences for person asked to take test.
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813.131 |
Implied consent to urine test; privacy; laboratories for analysis
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813.132 |
Consequences of refusing to take urine test; exception
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813.135 |
Implied consent to field sobriety tests
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813.136 |
Consequence of refusal or failure to submit to field sobriety tests
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CHEMICAL TESTS; METHODS AND REQUIREMENTS
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813.140 |
Chemical tests with consent; unconscious person
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813.150 |
Chemical test at request of arrested person
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813.160 |
Methods of conducting chemical analyses; duties of Department of state Police; reports; costs
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PLEA AGREEMENT
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813.170 |
Plea agreement prohibited
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DIVERSION
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813.200 |
Notice of availability of diversion; petition; form; contents
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813.210 |
Petition; fling fee; diagnostic assessment fee; service on prosecutor; objection
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813.215 |
Eligibility for diversion
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813.220 |
Matters to be considered by court in determining to allow diversion agreement; reasons for denial
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813.222 |
Right of victim to be present at hearing
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813.225 |
Petition for extension of diversion period; conditions
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813.230 |
Diversion agreement; record; duration; effect of denial
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813.235 |
Attendance at victim impact testament session as condition of diversion; fee
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813.240 |
Amount and distribution of filing fee; diagnostic assessment fee
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813.250 |
Motion to dismiss charge on completion of diversion; admissibility of statements
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813.255 |
Termination of diversion
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813.260 |
Designation of agencies to perform diagnostic assessments; duties of agency
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813.270 |
Intoxicated Driver Program Fund; creation; uses
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EVIDENCE
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813.300 |
Use of blood alcohol percentage as evidence; percentage required for being under the influence
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813.310 |
Refusal to take chemical test admissible as evidence
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813.600 |
Ignition interlock program; rules
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813.602 |
Circumstances under which ignition interlock device required; costs; failure to install; penalty; exemptions; rules
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813.604 |
Notice of court order; notation on hardship permit; rules
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813.606 |
Exception for employee otherwise required to have devise
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813.608 |
Knowingly furnishing motor vehicle without ignition interlock device; penalty
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813.610 |
Soliciting another to blow into ignition interlock device; penalty
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813.612 |
Unlawfully blowing into ignition interlock device; penalty
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813.614 |
Tampering with ignition interlock device; penalty
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813.616 |
Use of certain monies to pay for ignition interlock program
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