Or. Admin. R. 735-070-0054

Current through Register Vol. 63, No. 6, June 1, 2024

Section 735-070-0054 - Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410

(1) A police report required by ORS 813.100 must be submitted to the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) on forms approved and distributed by the department.

(2) For DMV to suspend a person's non-commercial Class C driving privileges, commercial driving privileges or both or right to apply for driving privileges or a commercial driving privileges under ORS 813.410 for failure of a breath test or for refusal of a breath, blood or urine test, the implied consent form(s) must:

(a) Be received by DMV on or before the 30th day after the date of arrest; and

(b) Contain the following information:

(A) Specify all of the following that apply:

(i) The person failed a breath test;

(ii) The person refused a breath test;

(iii) The person refused a blood test;

(iv) The person refused a urine test;

(v) The person was operating a commercial motor vehicle;

(vi) The person was operating a vehicle transporting hazardous materials.

(B) A date of arrest; and

(C) The reporting officer's signature below the statement, "I affirm by my signature that the foregoing events occurred." The officer's signature will be considered acceptable if located anywhere on the line of the form directly below the statement.

(3) For DMV to suspend a person's non-commercial Class C driving privileges, commercial driving privileges, or both or right to apply for driving privileges or a commercial driving privileges under ORS 813.410 for failure of a blood test, the police report form must be received by DMV on or before the 45th day after the date of arrest and must indicate that the person failed a blood test and whether the person was operating a commercial motor vehicle, as well as the information required in paragraphs (2)(b)(B) and (C) of this rule.

(4) If an implied consent suspension has been posted pursuant to this rule and a timely hearing request has not been submitted as provided for in ORS 813.410(4), the driver may have the implied consent suspension withdrawn only by:

(a) Having the police agency or district attorney's office follow procedures outlined in OAR 735-070-0055;

(b) Obtaining and prevailing at a hearing under ORS 813.440; or

(c) DMV, when it withdraws the suspension pursuant to ORS 813.460 and OAR 735-070-0060.

Or. Admin. R. 735-070-0054

DMV 7-1995, f. & cert. ef. 3-9-95; DMV 12-1995, f. & cert. ef. 12-14-95; DMV 9-1996, f. & cert. ef. 10-10-96; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 12-2011, f. & cert. ef. 11-23-11; DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 36-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 7-2023, minor correction filed 02/23/2023, effective 2/23/2023

Statutory/Other Authority: ORS 184.619, 802.010, 813.100 & 813.120

Statutes/Other Implemented: ORS 813.100, 813.120, 813.130, 813.410, 813.412, 813.440, 813.450 & 813.460