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