Nothing in 813.100 (implied consent - breath or blood test), 813.131 (implied consent - urine test) or 813.132 (consequences of refusing to take urine test) is intended to preclude the administration of a chemical test described in this statute. A police officer may obtain a blood or breath test to determine the amount of alcohol in someone's blood OR a test of someone's blood and/or urine to determine the presence of cannabis, a controlled substance or an inhalant in the person as provided by the following:

(1) if, when asked by a police officer, the person expressly consents to such a test.

(2) regardless of paragraph(1), without the person's consent if:

(a) the police officer has probable cause to believe the person was driving while under the influence of intoxicants and that evidence of the offense will be found in their blood or urine AND

(b) the person is unconscious or otherwise in a condition rendering them incapable of expressly consenting to the test or tests requested

If a person refuses or fails to physically submit to field sobriety tests as required by 813.135 (implied consent - field sobriety tests) after being informed of the consequences of refusing to submit, evidence of their refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of allegations that they were 813.010 (duii)

(1) except as provided in this statute, a refusal to submit to a urine test requested under 813.131 (implied consent - urine test) will be treated for all purposes as a refusal to submit to a breath test. A suspension imposed for refusal to submit to a urine test under 813.131 (implied consent - urine test) (2) will be consecutive to any other suspension imposed under the Motorist Implied Consent Law. If a person is subject to consecutive suspensions, the length of time that must elapse before the DOT may reinstate driving privileges or issue a hardship permit under 813.520 (Limitations on authority to issue hardship permit or reinstate driving privileges) will be doubled

(2) if a person refuses to submit to a urine test under 813.131 (implied consent - urine test) (2), in addition to information described in 813.130 (rights of & consequences for person asked to take test), they will be informed that by refusing to submit to the test, their driving privileges will be suspended for the same time period & with the same consequences as if they had refused to submit to the breath test and that a suspension for refusal to submit to the urine test will be consecutive to any other suspension under the Motorist Implied Consent Law

(3) regardless of (1), no suspension of driving privileges will be imposed for refusal to submit to a urine test if the person provides documentation from a physician licensed in Oregon showing that they have a medical condition that makes it impossible for them to provide a sample

(1) M(a): driving a vehicle while:

(a) BAC 0.08% or more by breath or blood test under 813.100 (Implied consent - breath or blood test, chemical test) to 813.150 (Chemical test at request of arrested person)

(b) under influence of intoxicating liquor, cannabis, a controlled substance or an inhalant

(c) under the influence combination of above

(5) F(c):

(a) the current offense was committed in a motor vehicle & the suspect has, three (3) or more times in the ten (10) years prior to the date of the current offense, been convicted of or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:

(A) DUII in violation of:

(i) this statute

(ii) the statutory counterpart to this statute in another jurisdiction

(B) a DUII in another jurisdiction involving the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination of them

(C) a driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a BAC above that jurisdiction's permissible level

(b) for the purposes of (a), a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 having a BAC that is lower than the permissible BAC in that jurisdiction for a person 21 or older doesn't constitute a prior conviction or adjudication

(6) in addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of DUII as follows:

(a) for a first conviction, a minimum of $1,000

(b) for a second conviction, a minimum of $1,500

(c) for a third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment

(d) for a person who drives a vehicle while having a BAC greater than 0.15% as shown by chemical analysis of their breath or blood of the person made under 813.100 (implied consent - breath or blood test), 813.140 (chemical test with consent - unconscious person), or 813.150 (Chemical test at request of arrested person), a minimum of $2,000

(7) regardless of 161.635 (Fines for misdemeanors), the maximum fine that a court may impose on a person convicted of DUII is $10,000 if:

(a) the current offense was committed in a motor vehicle AND

(b) there was a passenger in the motor vehicle who was under 18 & was at least three (3) years younger than the person driving

(1) DUII is a Class C felony if the defendant has been convicted of DUII (or its statutory counterpart in another jurisdiction), at least twice in the ten (10) years prior to the date of the current offense

(2) once a person has been sentenced for a Class C felony under this statute, the ten (10) year time limitation is eliminated & any subsequent violation of DUII will be a Class C felony regardless of the amount of time which intervenes between convictions

(3) on conviction for a Class C felony under this statue, there's a mandatory minimum ninety (90) day incarceration term, without reduction for any reason

(1) Subject to paragraph (2), when a person is convicted of 813.010 (duii) or of a municipal ordinance, DOT, in addition to any other requirement, will require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person:

(a) Before the person is eligible for a hardship permit. The requirement is a condition of the hardship permit for the duration of the hardship permit.

(b) V(a): For a first conviction, for one year after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

(c) V(a): For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

(2) V(a): When a person is convicted of a crime or multiple crimes as described in this paragraph, the department, in addition to any other requirement, will require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person for five (5) years after the ending date of the longest running suspension or revocation caused by any of the convictions. Violation of the condition imposed under this subsection is a Class A traffic violation. A person is subject to this subsection when the person is convicted of:

(a) Driving while under the influence of intoxicants in violation of 813.010 (duii) or of a municipal ordinance and any of the following crimes as part of the same criminal episode:

(A) Any degree of murder

• 163.095 (aggravated murder)

• 163.107 (murder 1)

• 163.115 (murder 2)

(B) Manslaughter 1 or 2

(C) Criminally negligent homicide.

(D) Assault in the first degree.

(b) 163.149 (aggravated vehicular homicide)

(c) Driving in violation of 813.010 (duii) or of a municipal ordinance and the person's driving privileges are revoked under 809.235 (Permanent revocation of driving privileges upon conviction of certain crimes)(1)(b) and later ordered restored under 809.235 (Permanent revocation of driving privileges upon conviction of certain crimes)(4)

it's a violation of this statute for anyone to rent, lease, lend or otherwise furnishe a motor vehicle to someone they know to have been ordered or required under 813.602 (Circumstances under which ignition interlock device required), to install an ignition interlock device, and the motor vehicle is not equipped with such a device that is in working order.

it's a violation of this statute if someone has an IID installed as a result of an order or requirement under 813.602 (Circumstances under which ignition interlock device required) and they ask or solicit another to blow into the device or start the motor vehicle in order to circumvent the device

it's a violation of this statute to do anything to a device that was ordered installed pursuant to 813.602 (Circumstances under which ignition interlock device required) that circumvents the operation of the device.

it's a violation of this statute, for the purpose of providing an operable motor vehicle for someone required under 813.602 (Circumstances under which ignition interlock device required) to have such a device, for anyone to blow into an IID or start an automobile equipped with the device.

(1)• anyone operating a motor vehicle on premises open to the public or Oregon highways has given implied consent, subject to the implied consent law, to a chemical breath test or a blood test if they are receiving medical care in a health care facility immediately after a motor vehicle accident, in order to determine their BAC if they've been arrested in violation of DUII or a municipal ordinance.

• a test will be administered on 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 DUII or a municipal ordinance.

• before the test is administered the person requested to take the test will be informed of 813.130 (Rights of & consequences for person asked to take test)

(2) if, under this statute, a suspect refuses to submit to a test or if a breath test shows that at the time of the test the suspect had a BAC constituting being under the influence of intoxicating liquor per 813.300 (Use of blood alcohol percentage as evidence) & the suspect had been informed of the 813.130 (Rights of & consequences for person asked to take test), then the suspect's driving privileges are subject to suspension per 813.410 (Suspension upon receipt of police report on implied consent test) & the police officer will do all of the following:

(a) immediately take custody of any Oregon driver license or permit issued to grant driving privileges.

(b) provide the suspect with a written notice of intent to suspend, on forms prepared & provided by DOT. The written notice will inform the person of the consequences & rights described under 813.130 (rights of & consequences for person asked to take test)

(c) if the person qualifies for a 813.110 (Temporary permit upon confiscation of license), issue to the person, on behalf of the department, such temporary driving permit

(d) within the period of time required by the department by rule, report the action taken under this statute & prepare & have delivered a report as described 813.120 (Police report to department), along with the confiscated license or permit & a copy of the notice of intent to suspend.

(3) if a blood test under this statute discloses that at the time of the test the suspect had a BAC constituting being under the influence of intoxicating liquor per 813.300 (Use of blood alcohol percentage as evidence), then the suspect's driving privileges are subject to suspension per 813.410 (Suspension upon receipt of police report on implied consent test) & the police officer will report to the department within forty-five (45) days of the date of arrest that the person failed the test

(4) nothing in this statute prevents a police officer from getting a chemical blood or breath test from the suspect through any lawful means for use as evidence in a criminal or civil proceeding including, but not limited to, obtaining a search warrant

anyone who operates a vehicle on premises open to the public or Oregon highways of the state has given consent to submit to field sobriety tests on a police officer's request to determining if they are under the influence of intoxicants if the police officer reasonably suspects that they have committed DUII, or a municipal ordinance. If the person refuses to consent to field sobriety tests, the person will be asked to provide only physical cooperation to submit to non testimonial field sobriety tests, & they will be informed of the consequences of failing to physically submit to those tests per 813.136 (consequence of refusal or failure to submit to field sobriety tests)

(1) a person may be asked to provide a urine sample under 813.140 (Chemical test with consent) or (2) below

(2) anyone operating a motor vehicle on premises open to the public or Oregon highways has given implied consent, subject to the Motorist Implied Consent Law, to a chemical test of their urine to determine the presence of cannabis, a controlled substance or an inhalant in their body if they are arrested for DUII or of a municipal ordinance & either:

(a) they take the breath test described in 813.100 (implied consent - breath or blood test) & the test shows a BAC less than 0.08% OR

(b) they're involved in an accident resulting in injury or property damage. A urine test may be requested under this paragraph regardless of whether a breath test has been requested & regardless of the results of a breath test, if one is taken.

(3) a police officer may not request a urine test unless the officer is certified by the DPSST as having completed at least eight (8) hours of training in recognition of drug impaired driving & the officer has reasonable suspicion that the person arrested has been driving while under the influence of cannabis, a controlled substance, an inhalant or any combination of cannabis, a controlled substance, an inhalant and intoxicating liquor.

(4) a person asked to give a urine sample will be given privacy & may not be observed by a police officer when producing the sample

(5)(a) at the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person driving a motor vehicle while under the influence of intoxicants, a valid chemical analysis of their urine is admissible as evidence & may be used with other evidence, if any, to determine whether the person was DUII

(b) a chemical analysis of a person's urine is valid if the analysis is performed in an accredited or licensed toxicology laboratory

(1) it's a violation if the suspect refuses to:

(a) take a breath test when requested to do so in accordance with 813.100 (implied consent - breath or blood test) OR

(b) take a urine test when requested to do so in accordance with 813.131 (Implied consent to urine test) & 813.132 (Consequences of refusing to take urine test)

(2) violation of this statute refusal is a specific fine traffic violation of $650. This is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants

this statute establishes the requirements for information about rights & consequences for purposes of 813.100 (implied consent - breath or blood test) & 813.410 (Suspension upon receipt of police report on implied consent test). The following apply:

(1) the information will be substantially in the form prepared by DOT. The department may establish any form it determines appropriate & convenient

(2) except as detailed in (3), the information about rights & consequences is substantially as follows:

(a) DUII is a crime in Oregon & the suspect is subject to criminal penalties if a test under 813.100 (implied consent - breath or blood test) shows that the suspect is DUII. If the suspect fails a test, evidence of the failure may also be offered against them

(b) for the purposes of criminal penalties, a person fails a test under 813.100 (implied consent - breath or blood test), if the test shows a BAC 0.08% or more as shown by chemical analysis of the breath or blood
for the purposes of the Motorist Implied Consent Law, a person will fail a test if the test discloses a:

(A) BAC 0.08% or more if not driving a commercial motor vehicle;

(B) BAC 0.04% or more if driving a commercial motor vehicle OR

(C) any amount if the person was under 21.

(c) if a person fails a test under 813.100 (implied consent - breath or blood test), their driving privileges will be suspended. The outcome of a criminal charge for DUII will not affect the suspension.

(d) if a person fails a breath test under 813.100 (implied consent - breath or blood test) & has an Oregon driver license or permit, it will be immediately taken &, unless the person doesn't currently have full valid driving privileges, a temporary driving permit will be issued

(e) after taking a test under 813.100 (implied consent - breath or blood test), & on request, a person will have a reasonable opportunity to perform an additional BAC chemical test at their own expense & by a qualified individual of their choosing.

(f)• a person has a right to a hearing to challenge the validity of a suspension before it becomes effective. They must make a written request to the department for a hearing.

• If they win at the hearing, their driving privileges will not be suspended. If they lose, the suspension will remain in effect during any court review of the hearing.

(g) if a person is issued a temporary driving permit under 813.100 (implied consent - breath or blood test), the information provided to them includes the number of hours before the permit becomes effective & the number of days it will be effective

(h) the information provided will include the number of days within which a person must request a hearing under 813.410 (Suspension upon receipt of police report on implied consent test)

(i) the information provided will include the number of days within which a hearing will be held under 813.410 (Suspension upon receipt of police report on implied consent test)

(j) depending on their driving record, a person may possibly qualify for a hardship permit in thirty (30) days if they fail a test

(k) if a person is driving a commercial motor vehicle, & takes a breath or blood test under 813.100 (implied consent - breath or blood test), then after being informed of the rights & consequences under (a) to (j), the following additional information will be given to them:

(A) if their BAC is greater than or equal to 0.04% as shown by chemical analysis of their breath or blood, their commercial driving privileges or right to apply for commercial driving privileges will be suspended & no hardship permit authorizing them to drive a commercial motor vehicle will be issued.

(B) the suspension of their commercial driving privileges or right to apply for commercial driving privileges will be for their lifetime if their BAC is greater than or equal to 0.04% AND they:

(i) had a prior conviction for 811.700 (failure to perform duties of driver when property is damaged) or 811.705 (failure to perform duties of driver to injured persons)

(ii) had a prior for a crime punishable as a felony & were driving a motor vehicle at the time of the offense

(iii) had a prior for driving a commercial motor vehicle while their commercial driving privileges or right to apply for commercial driving privileges were suspended or revoked for offenses committed while operating a commercial motor vehicle

(iv) had a prior for any degree of murder, manslaughter or criminally negligent homicide or assault 1 resulting from the operation of a commercial motor vehicle

(v) had a prior DUII

(vi) had their commercial driving privileges suspended or revoked for refusal to submit to, or failure of, a breath or blood test under 813.100 (implied consent - breath or blood test) OR

(vii) has their right to apply for commercial driving privileges previously suspended or revoked for refusal to submit to, or failure of, a breath or blood test under 813.100 (implied consent - breath or blood test) resulting from the operation of a commercial motor vehicle.

(3) anyone who refuses to submit to a chemical test after being informed of the rights & consequences in (2) will be provided with the following:

(a) if a person refuses to provide consent to a breath or blood test, & is then requested to provide only physical cooperation to submit to a breath or blood test, & they refuse to physically submit to a test, evidence of that refusal may be used against them

(b) if a person refuses to submit to a test under 813.100 (implied consent - breath or blood test), their driving privileges will be suspended. The outcome of a criminal charge for DUII will not affect the suspension. The suspension will be substantially longer if they refuse a test.

(c) if a person refuses to submit to a breath test under 813.100 (implied consent - breath or blood test) & has an Oregon driver license or permit, it will be immediately taken &, unless they don't currently have full valid driving privileges, a temporary driving permit will be issued to them.

(d) if a person refuses to submit to a test under 813.100 (implied consent - breath or blood test), they are not eligible for a hardship permit for at least 90 days, & possibly for three (3) years, depending on the following factors set forth in 813.430 (Grounds for increase in duration of suspension):

(A) whether they are currently participating in a DUII diversion program in Oregon or in any similar alcohol or drug rehabilitation program in this or another jurisdiction OR

(B) whether within the five (5) years prior to the date of arrest any of the following occurred:

(i) a suspension of driving privileges under 813.410 (Suspension upon receipt of police report on implied consent test or when 482.540 (1981 Replacement Part) became effective

(ii) they were convicted of DUII or its statutory counterpart in another jurisdiction, as described in 813.430 (Grounds for increase in duration of suspension)

(iii) they were convicted of a DUII in violation of a municipal ordinance in Oregon or another jurisdiction, as described in 813.430 (Grounds for increase in duration of suspension)

(iv) they commenced participating in a DUII diversion program in Oregon or in any similar alcohol or drug rehabilitation program in this or another jurisdiction, as described in 813.430 (Grounds for increase in duration of suspension)

(e) if a person refuses to submit to a breath test under 813.100 (implied consent - breath or blood test), or refuses to provide a urine sample under implied consent to urine test & 813.132 (Consequences of refusing to take urine test), they are subject to a fine between $500 and $1,000

(f)• a person has a right to a hearing to challenge the validity of a suspension before it becomes effective. They must make a written request to the department for a hearing.

• If they win at the hearing, their driving privileges will not be suspended. If they lose, the suspension will remain in effect during any court review of the hearing.

(g) if a person is issued a temporary driving permit under 813.100 (implied consent - breath or blood test), the information provided to them includes the number of hours before the permit becomes effective & the number of days it will be effective.

(h) the number of days within which they must request a hearing under 813.410 (Suspension upon receipt of police report on implied consent test)

(i) the number of days within which a hearing under 813.410 (Suspension upon receipt of police report on implied consent test) will be held

(j) depending on their driving record, a person may possibly qualify for a hardship permit in thirty (30) days if they fail a test

(k) if the person is driving a commercial motor vehicle, further information is provided as follows:

(A) if they refuse to submit to a test under 813.100 (implied consent - breath or blood test), their commercial driving privileges or right to apply for commercial driving privileges will be suspended & no hardship permit authorizing the person to drive a commercial motor vehicle will be issued. The suspension will be substantially longer if the person refuses the test

(B) the suspension of their commercial driving privileges or right to apply for commercial driving privileges will be for their lifetime if they refuses to submit to a test 813.100 (implied consent - breath or blood test) AND they:

(i) had a prior for 811.700 (failure to perform duties of driver when property is damaged) or 811.705 (failure to perform duties of driver to injured persons)

(ii) had a prior for a crime punishable as a felony & were driving a motor vehicle at the time of the offense

(iii) had a prior for driving a commercial motor vehicle while their commercial driving privileges or right to apply for commercial driving privileges were suspended or revoked for offenses committed while operating a commercial motor vehicle

(iv) had a prior for any degree of murder, manslaughter or criminally negligent homicide or assault 1 resulting from the operation of a commercial motor vehicle

(v) had a prior for DUII

(vi) had their commercial driving privileges suspended or revoked for refusal to submit to, or failure of, a breath or blood test under 813.100 (implied consent - breath or blood test) OR

(vii) has their right to apply for commercial driving privileges previously suspended or revoked for refusal to submit to, or failure of, a breath or blood test under 813.100 (implied consent - breath or blood test) resulting from the operation of a commercial motor vehicle

(4) nothing in this statute prohibits the department from providing additional information concerning rights & consequences that the department considers convenient or appropriate