813.020 Fee to
be paid on conviction; screening and treatment; mandatory imprisonment or
community service; attendance at victim impact treatment session; session fee;
exemptions. When a
person is convicted of driving while under the influence of intoxicants in
violation of ORS 813.010, a court shall comply with the following in addition
to any fine or other penalty imposed upon the person under ORS 813.010:
(1) The court
shall require the person to:
(a) Pay to the
court the fee described under ORS 813.030 in addition to any fine imposed under
ORS 813.010;
(b) Complete a
screening interview and a treatment program as provided in ORS 813.021; 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. 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 defendant to attend a
victim impact treatment session. The court may not require a defendant to
attend a victim impact treatment session if the defendant committed the current
offense while riding a bicycle that is not an electric assisted
bicycle. 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; 2023
c.498 §19]
Notes of Decisions
Cited in
34
cases (
7 in the last 5 years), 1987–2025 · leading case:
State v. Tison, 424 P.3d 823 (Or. Ct. App. 2018).
State v. Tison, 424 P.3d 823 (Or. Ct. App. 2018).
· cites it 8× “The trial court did not, however, address the $255 fee that it was required to impose under ORS 813.020(1) and *372 ORS 813.030 absent a finding that defendant was indigent.”
State v. Macy, 492 P.3d 1277 (Or. Ct. App. 2021).
· cites it 2× “And you’ll need to attend the victim’s impact panel * * *.”
State v. Olmstead, 800 P.2d 277 (Or. 1990).
· cites it 2× “010(2) and (3); ORS 813.020; ORS 811.182(3) and (4). Consequently, a person found guilty except for insanity of DUII or DWS and committed to the jurisdiction of the PSRB would immediately lose driving privileges, if the defense were available and were asserted successfully.”
State v. Frier, 333 P.3d 1093 (Or. Ct. App. 2014).
· cites it 3× “010(6)(c) is found in a related statute: ORS 813.020, to which the former statute refers.”
State v. Shepherd, 459 P.3d 957 (Or. Ct. App. 2020).
· cites it 2× “010(6) and a $255 fee under ORS 813.020(1)(a). See ORS 813.020(1)(a) (providing, by cross reference to ORS 813.”
State v. Miller, 788 P.2d 974 (Or. 1990).
· cites it 2× “"(2) A person convicted of the offense described in this section is subject to ORS 813.020 in addition to this section. *976 "(3) The offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises…”
State v. Oary, 829 P.2d 90 (Or. Ct. App. 1992).
· cites it 12× “That holding gave rise to the question of whether, in fact, ORS 813.020 authorizes probation for a person convicted of DUII.”
State v. Bilton, 493 P.3d 564 (Or. Ct. App. 2021).
· cites it 2× “030 (providing that the fee required by ORS 813.020(1) is $255, “except that the court may waive all or part of the fee in cases involving indigent defendants”).”
State v. Wilson, 263 P.3d 1107 (Or. Ct. App. 2011).
· cites it 4× “Ultimately, the trial court entered a preprinted form of judgment on which the judge checked the box that corresponded to the following statement: “Defendant shall pay a DUII conviction fee of $230.”
State v. Williams, 380 P.3d 1225 (Or. Ct. App. 2016).
“In his second and third assignments of error, defendant contends that the trial court erred in imposing on each count a $255 conviction fee under ORS 813.020 for driving under the influence of intoxicants (DUII) because defendant was not convicted of any DUII crime.”
State v. Rice, 836 P.2d 731 (Or. Ct. App. 1992).
· cites it 2× “Thus, for felonies below the dispositional line, the mandatory sentence is probation; any term of incarceration is a result of exercise of the court's discretion.”
State v. Toombs, 460 P.3d 533 (Or. Ct. App. 2020).
“In his second assignment, defen- dant argues that the trial court erred when, after indicating orally at defendant’s sentencing hearing that it intended to impose a $6,250 fine, it entered a judgment imposing a fine in the amount of $6,505.”
— Or. Rev. Stat. § 813.020(1) — 5 cases
State v. Tison, 424 P.3d 823 (Or. Ct. App. 2018).
“The trial court did not, however, address the $255 fee that it was required to impose under ORS 813.020(1) and *372 ORS 813.030 absent a finding that defendant was indigent.”
State v. Bilton, 493 P.3d 564 (Or. Ct. App. 2021).
“030 (providing that the fee required by ORS 813.020(1) is $255, “except that the court may waive all or part of the fee in cases involving indigent defendants”).”
State v. Oary, 829 P.2d 90 (Or. Ct. App. 1992).
“That holding gave rise to the question of whether, in fact, ORS 813.020 authorizes probation for a person convicted of DUII.”
— Or. Rev. Stat. § 813.020(1)(a) — 5 cases
State v. Shepherd, 459 P.3d 957 (Or. Ct. App. 2020).
“010(6) and a $255 fee under ORS 813.020(1)(a). See ORS 813.020(1)(a) (providing, by cross reference to ORS 813.”
State v. Macy, 492 P.3d 1277 (Or. Ct. App. 2021).
“And you’ll need to attend the victim’s impact panel * * *.”
State v. Toombs, 460 P.3d 533 (Or. Ct. App. 2020).
“In his second assignment, defen- dant argues that the trial court erred when, after indicating orally at defendant’s sentencing hearing that it intended to impose a $6,250 fine, it entered a judgment imposing a fine in the amount of $6,505.”
State v. Bilton, 493 P.3d 564 (Or. Ct. App. 2021).
“030 (providing that the fee required by ORS 813.020(1) is $255, “except that the court may waive all or part of the fee in cases involving indigent defendants”).”
— Or. Rev. Stat. § 813.020(1)(b) — 1 case
— Or. Rev. Stat. § 813.020(2) — 10 cases
State v. Rice, 836 P.2d 731 (Or. Ct. App. 1992).
“Thus, for felonies below the dispositional line, the mandatory sentence is probation; any term of incarceration is a result of exercise of the court's discretion.”
State v. Frier, 333 P.3d 1093 (Or. Ct. App. 2014).
“010(6)(c) is found in a related statute: ORS 813.020, to which the former statute refers.”
State v. Oary, 829 P.2d 90 (Or. Ct. App. 1992).
“That holding gave rise to the question of whether, in fact, ORS 813.020 authorizes probation for a person convicted of DUII.”
— Or. Rev. Stat. § 813.020(3) — 1 case
— Or. Rev. Stat. § 813.020(l)(a) — 1 case
State v. Wilson, 263 P.3d 1107 (Or. Ct. App. 2011).
“Ultimately, the trial court entered a preprinted form of judgment on which the judge checked the box that corresponded to the following statement: “Defendant shall pay a DUII conviction fee of $230.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.