B The statutory counterpart to ORS The petition forms made available to a defendant by any city or state court shall conform to the requirements of the Supreme Court. The court shall make the agreement a part of the record of the case. The court shall notify the Department of Transportation of the diversion agreement in a form agreed to by the department and the State Court Administrator within 48 hours after allowing the petition.
During the diversion period the court shall stay the driving while under the influence of intoxicants offense proceeding pending completion of the diversion agreement or its termination. The guilty plea or no contest plea filed as part of the petition for the diversion agreement may not be used in the offense proceeding under this subsection.
In lieu of completing a treatment program in this state as a part of completing the conditions of a driving while under the influence of intoxicants diversion agreement in this state, the court may allow a defendant who is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard and who is serving on active duty to participate in a comparable treatment program conducted by or authorized by a government entity in another jurisdiction.
In a county that has a victim impact program a court may require as a condition of a driving while under the influence of intoxicants diversion agreement that the defendant attend a victim impact treatment session. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account.
When a court grants a petition for a driving while under the influence of intoxicants diversion agreement, a court shall ensure that the defendant submits to booking, if the defendant has not already been booked on the charge of driving while under the influence of intoxicants in violation of ORS The motion shall be served on the district attorney or city attorney at the time it is filed with the court. The district attorney or city attorney may contest the motion. The copy of the motion shall be served on the district attorney or city attorney at the time the motion is filed with the court.
The defendant may also pay the balance of the fees owed before the day the hearing is held. The order to show cause must:.
Service may be made by first class mail, postage paid, addressed to the defendant at the mailing address shown on the diversion petition and agreement or at any other address that the defendant provides in writing to the court. The designated agencies or organizations must meet minimum standards established pursuant to ORS Wherever possible a court shall designate agencies or organizations to perform the screening interview that are separate from those that may be designated to carry out a program of treatment.
The form of the report shall be determined by agreement between the court and the agency or organization performing the screening interview. The court shall make the report of the agency or organization performing the screening interview that is required by this subsection a part of the record of the case.
The moneys in the fund may be used only for the following purposes:. Payment for treatment under this subsection may include treatment for problem drinking, alcoholism or drug dependency. Payment shall be made as provided by the Director of the Oregon Health Authority by rule to agencies or organizations providing treatment. This subsection applies:. If a person refuses to submit to a chemical test under ORS If the attorney fails to supply the material in the time required, testimony from the hearing may not be admitted in evidence in the trial for any purpose, unless the attorney shows good cause for the failure to make the material available.
If the defendant so stipulates and the trial is by jury:. The stipulation shall be made a part of the record of the case, but shall not be offered or received in the presence of the jury;. When evidence of the prior convictions has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the prior convictions only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted. The validity of the prior convictions shall be determined prior to trial by the court.
A person is entitled to administrative review under ORS A suspension of driving privileges imposed under this subsection shall be for a period of time established under ORS A commercial driving privileges suspension imposed under this subsection shall be for a period of time established under ORS Except as otherwise provided under this section, a hearing held by the department under this section shall be subject to the provisions for contested cases, other than appeal provisions, under ORS chapter The applicable appeal provisions are as provided under ORS Notwithstanding ORS If a person waives a right to a hearing under this paragraph, the department is not required to make any showing at hearing.
The record of the proceedings may not be transcribed unless requested by a party to the proceeding. The scope of a hearing under this section shall be limited to whether the suspension is valid as described in this subsection. A suspension under this section is valid if all of the following requirements have been met:.
The following apply to this subsection:. Notwithstanding ORS 9. This section establishes circumstances under which ORS A person is subject to an increase in suspension time under this section if any of the following apply:. A hearing must be rescheduled no later than 45 days after the date of the original hearing and may not be rescheduled more than once for reasons described in this paragraph. In other cases under this section, when the department is unable to hold the hearing within the time required by ORS A Set aside or modify the order; or. B Remand the case to the department for further action under a correct interpretation of the provision of law.
A Outside the range of discretion delegated to the agency by law. B Inconsistent with a department rule, an officially stated department position, or a prior department practice, if the inconsistency is not explained by the department. C Otherwise in violation of a constitutional or statutory provision. If the Department of Transportation verifies to its satisfaction that it has suspended the driving privileges of the wrong person under ORS The Department of Transportation shall make a notation on the driving record of a person indicating that the person was acquitted of a charge of driving under the influence of intoxicants if:.
If the department issues a permit to a person described in this subsection, the department shall require, under ORS This section establishes limitations that the Department of Transportation is required or permitted to place on hardship permits issued under ORS Limitations placed on a hardship permit under this section are in addition to any limitations placed on the permit under ORS Violation of a limitation under this section is punishable as provided by ORS The limitations are as described in the following:.
In addition to any provisions of ORS The department may not reinstate any driving privileges or issue any hardship permit under ORS As used in ORS chapter A An attempt to start a vehicle while the person has a blood alcohol content higher than 0. B Failure to pass a random retest due to a blood alcohol content of over 0. A An attempt to start a vehicle while the person has a blood alcohol level of 0. B Failure to pass a random retest due to a blood alcohol content of 0. The list may include devices that:. L If there is a test violation, record the locational coordinate information of the vehicle, including latitude and longitude as established by a global positioning system.
The rules shall establish standards for the devices and for the performance of the devices. Note 1: The amendments to Note 2: The amendments to See section 24, chapter , Oregon Laws The requirement is a condition of the hardship permit for the duration of the hardship permit.
Violation of the condition imposed under this paragraph is a Class A traffic violation. 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 Any degree of murder. B Manslaughter in the first or second degree. C Criminally negligent homicide. D Assault in the first degree. A The court shall require that an approved ignition interlock device be installed and used in any vehicle operated by the person during the period of the agreement when the person has driving privileges if:.
Mission. To ensure appropriate screening, education and substance use disorder treatment services for individuals who are under a diversion agreement for. documents that the Department of Motor Vehicles (DMV) requires for driving privilege Residents of Oregon will receive a DTCC upon successful completion of a OHA will issue a DTCC completion of out-of-state DUII services programs.
A person granted a medical exemption under this paragraph shall carry proof of the medical exemption with the person while operating any vehicle. A payment schedule may be established for the person by the Department of Transportation.
The criteria must be consistent with the standards for indigence adopted by the federal government for purposes of the Supplemental Nutrition Assistance Program. A payment schedule may be established for the person by the Department of State Police, in consultation with the Transportation Safety Committee. Note 3: The department shall note the requirement on the driving record of the person required to install the device. The department shall determine by rule what constitutes satisfactory proof under this subsection.
The notation constitutes a limitation on the permit and a person who violates the limitation is punishable as provided in ORS If the department does not receive proof that the ignition interlock device has been installed, the suspension shall continue for:. If the service center downloads a negative report, the service center shall submit the negative report, in a form prescribed by rule by the department, to:. If the provider downloads a negative report, the provider shall submit the negative report, in a form prescribed by rule by the department, to:.
The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court.
The district attorney or city prosecutor may contest the motion. In determining whether to grant the petition, the court shall consider:. The application shall be in such form as may be specified by the department. The fees shall be in an amount adequate to pay all administrative costs incurred by the department in administering ORS The fees shall be designed to cover the costs to the department for issuing or renewing certificates under this section.
The department shall:. The legal stages are relevant because of the degree of evidence required at each stage. For example, the police need not demonstrate guilt "beyond a reasonable doubt" in order to execute a traffic stop.
The investigation and NHTSA "phases" are distinct from the legal stages of the police arrest process. Instead, the investigation has, as its purpose, to take the process from initial contact through all of the evidence stages, through to prosecution. The primary goals are to:. The "Vehicle in Motion" Phase deals with the law enforcement officers observations of the suspect's driving maneuvers. This Phase also includes the post-arrest evidentiary chemical test despite that it occurs subsequent to a DUI arrest, not prior to a DUI arrest.
The officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop the officer will note if they detect any of the following indicators of intoxication:. If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle, and request that the driver submit to voluntary field sobriety tests.