2015 ORS 813.120¹
Police report to department

(1) A report required by ORS 813.100 (Implied consent to breath or blood test) shall disclose substantially all of the following information:

(a) Whether the person, at the time the person was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance.

(b) Whether the police officer had reasonable grounds to believe, at the time the request was made, that the person arrested had been driving under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance.

(c) Whether the person refused to submit to a test or if the person submitted to a breath or blood test whether the level of alcohol in the person’s blood, as shown by the test, was sufficient to constitute being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence).

(d) Whether the person was driving a commercial motor vehicle and refused to submit to a test or if the person submitted to a breath or blood test whether the level of alcohol in the person’s blood, as shown by the test, was 0.04 percent or more by weight.

(e) Whether the person was informed of consequences and rights as described under ORS 813.130 (Rights of and consequences for person asked to take test).

(f) Whether the person was given written notice of intent to suspend required by ORS 813.100 (Implied consent to breath or blood test) (3)(b).

(g) If the arrested person took a test, a statement that the person conducting the test was appropriately qualified.

(h) If the arrested person took a test, a statement that any methods, procedures and equipment used in the test comply with any requirements under ORS 813.160 (Methods of conducting chemical analyses).

(2) A report required by ORS 813.100 (Implied consent to breath or blood test) may be made in one or more forms specified by the Department of Transportation. [1983 c.338 §405; 1985 c.16 §215; 1985 c.672 §20; 1989 c.636 §42; 1993 c.305 §3; 1993 c.751 §70; 1995 c.568 §3]

See also annota­tions under ORS 483.634 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute (Ors 487.805)

State­ment whether of­fi­cer had reasonable belief that per­son was under influence at time of request need not recite grounds for of­fi­cer's belief. Vaughn v. Motor Vehicles Div., 25 Or App 543, 550 P2d 477 (1976)

Where report prepared pursuant to this sec­tion contained all the essential state­ments and declara­tions, fact that an­oth­er of­fi­cer later inserted addi­tional state­ments in the report did not cause it to be legally insufficient to confer jurisdic­tion on Motor Vehicles Division. Lucas v. Motor Vehicles Division, 55 Or App 797, 639 P2d 1306 (1982), Sup Ct review denied

In General

Person taken into formal custody on potentially crim­i­nal charge is involved in "crim­i­nal pros­e­cu­­tion" for purposes of Article I, sec­tion 11, Oregon Constitu­tion, and for that reason arrested driver has right, on request, to reasonable opportunity to obtain legal advice before deciding whether to submit to breathalyzer exam. State v. Spencer, 305 Or 59, 750 P2d 147 (1988)

Law Review Cita­tions

Under Former Similar Statute (Ors 487.805)

19 WLR 807 (1983)


1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.