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Oregon Revised Statutes

Or. Rev. Stat. § 801.400 (2026)

“Premises open to the public.”

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      801.400 “Premises open to the public.” “Premises open to the public” includes any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises. [1983 c.338 §72]

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1987–2023 · leading case: Towe v. Sacagawea, Inc., 346 P.3d 1207 (Or. 2015).
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Towe v. Sacagawea, Inc., 346 P.3d 1207 (Or. 2015). “, ORS 801.400 (“premises open to public” includes any premises open to general public for use of motor vehicles, whether publicly or privately owned and regardless if fee is charged for use of premises); ORS 806.”
State v. Sterling, 103 P.3d 1162 (Or. Ct. App. 2004). · cites it 3× “” ORS 801.400. In the present case, the alleged offense occurred on a driveway in front of defendant’s brother’s house.”
State v. Baty, 259 P.3d 98 (Or. Ct. App. 2011). “) ORS 801.400 defines “premises open to the public” as “any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.”
State v. Logan, 496 P.3d 1 (Or. Ct. App. 2021). · cites it 3× “The state charged defendant by district attorney information with driving a vehicle “upon premises open to the public” while under the influence of intoxicants.”
State v. Romanov, 149 P.3d 1224 (Or. Ct. App. 2006). “” ORS 801.400. Stated in the negative, the offense of DUII is not applicable on premises not open to the public for the use of motor vehicles.”
State v. Baehr, 735 P.2d 1275 (Or. Ct. App. 1987). “” ORS 801.400 provides that premises open to the public include “any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for use of the premises.”
State v. Probe, 117 P.3d 310 (Or. Ct. App. 2005). “” ORS 801.400 defines “premises open to the public” as “any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned * * The state concedes that the golf course itself is not a premises open to the public as defined…”
State v. Peterson, 540 P.3d 28 (Or. Ct. App. 2023). · cites it 3× “” ORS 801.400. Because the terms “prem- ises” and “general public” are not defined in the Oregon Vehicle Code, we give those terms their “plain, natural, and ordinary meaning.”
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