Public-domain · open source
OpenJurist

ORS 813.400

Applied in 18 court decisions — leading case 217 Or. App. 24 - State v. Rodriguez (2007)

Most recently applied in 334 Or. App. 34 - State v. Yocom (July 2024)

1983 c.338 §353(8); 1985 c.16 §166(8); 1985 c.393 §10a(8); 1985 c.669 §2a(8); 1991 c.702 §13; 2001 c.786 §3; 2003 c.346 §1; 2003 c.402 §40; 2005 c.436 §2; 2023 c.498 §21

How often courts cite this section

19861990200020102020202450
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in subsections (2) and (3) of this section, upon receipt of a record of conviction for misdemeanor driving while under the influence of intoxicants, the Department of Transportation shall suspend the driving privileges of the person convicted. The suspension shall be for a period described under Schedule II of ORS 809.428, except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. A person is entitled to administrative review under ORS 809.440 of a suspension imposed under this subsection.

(2) A person convicted of felony driving while under the influence of intoxicants, or a person convicted of misdemeanor driving while under the influence of intoxicants for a third or subsequent time, is subject to revocation of driving privileges as provided in ORS 809.235.

(3) The provisions of this section do not apply to convictions of driving while under the influence of intoxicants if the offense was committed while the person was riding a bicycle.

(4) For the purposes of this section, “bicycle” does not include an electric assisted bicycle.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.