ORS 813.020¹
Fee to be paid on conviction
  • screening and treatment
  • mandatory imprisonment or community service
  • attendance at victim impact treatment session
  • session fee

When a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants), a court shall comply with the following in addition to any fine or other penalty imposed upon the person under ORS 813.010 (Driving under the influence of intoxicants):

(1) The court shall require the person to:

(a) Pay to the court the fee described under ORS 813.030 (Amount of fee) in addition to any fine imposed under ORS 813.010 (Driving under the influence of intoxicants);

(b) Complete a screening interview and a treatment program as provided in ORS 813.021 (Requirements for screening interview and treatment program); and

(c) Submit to booking, if the person has not already been booked.

(2) The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours’ imprisonment, which shall be served consecutively unless justice requires otherwise, or to perform community service for times specified by the court under ORS 137.129 (Length of community service sentence). For purposes of this subsection:

(a) A court may provide for the imprisonment to be served in jail, minimum security facilities or inpatient rehabilitation or treatment centers.

(b) Whenever the judge provides for the mandatory imprisonment to be served other than consecutively, the judgment must specifically so provide and the judge must state the reasons in writing.

(3) In a county that has a victim impact program a court may require the person to attend a victim impact treatment session. If the court requires attendance under this section, the court may require the defendant to pay a reasonable fee to the victim impact program to offset the cost of the defendant’s participation. The fee shall be established for each county by the victim impact panel coordinator and steering committee of that county and shall be not less than $5 or more than $50. [1983 c.338 §588; 1985 c.16 §294 and former 487.549; 1989 c.576 §5; 1991 c.557 §3; 1993 c.13 §4; 1993 c.468 §1; 1999 c.126 §1; 2003 c.14 §496; 2015 c.145 §4]

Notes of Decisions

This sec­tion does not restrict trial court’s general sen­ten­cing power or court’s flexibility in fashioning suitable sen­tence, except that court must require defendant to spend at least 48 hours in jail. State v. Oary, 109 Or App 580, 820 P2d 857 (1991), as modified by 112 Or App 296, 829 P2d 90 (1992); State v. Taylor, 115 Or App 76, 836 P2d 755 (1992)

Convic­tion fee assessed by court is not considered when determining max­i­mum fine that may be imposed on defendant convicted of Class A misdemeanor. State v. Coates, 288 Or App 586; 406 P3d 1123 (2017)

1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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