Oregon Revised Statutes

Or. Rev. Stat. § 813.040 (2026)

Standards for determination of problem condition involving intoxicants

✓ current as of May 2026

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813.040 Standards for determination of problem condition involving intoxicants. This section establishes, for purposes of ORS 471.432 and 807.060, when a person has a problem condition involving intoxicants. For purposes of ORS 471.432 and 807.060, a person has a problem condition involving intoxicants if it is determined that the person has a problem condition in which the person’s health or that of others is substantially impaired or endangered or the person’s social or economic function is substantially disrupted because of the person’s:

(1) Habitual or periodic use of:

(a) Alcoholic beverages;

(b) Cannabis, unless the person holds a registry identification card as defined in ORS 475C.777; or

(2) Use of or loss of the ability to control the use of controlled substances, inhalants or other substances with abuse potential, including a condition that may have developed:

(a) A physical dependence in which the body requires a continuing supply of a controlled substance, an inhalant or a drug to avoid characteristic withdrawal symptoms; or

(b) A psychological dependence characterized by an overwhelming mental desire for continued use of a controlled substance, an inhalant or a drug. [1983 c.338 §589; 1999 c.126 §5; 1999 c.619 §9; 1999 c.646 §4; 2017 c.21 §81; 2018 c.76 §14; 2021 c.253 §7; 2023 c.498 §11]

Notes of Decisions

Cited in 2 cases, 1988–1995 · leading case: State v. Penrod, 892 P.2d 729 (Or. Ct. App. 1995).

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State v. Penrod, 892 P.2d 729 (Or. Ct. App. 1995). “010; ORS 813.040. She assigns error to the denial of her pretrial motion to dismiss or suppress evidence of her refusal to take a breath test, and the denial of her motions for mistrial.”

Hilton v. Motor Vehs. Div., 762 P.2d 1030 (Or. Ct. App. 1988). · cites it 2× “060(4) provides that a person is ineligible for an operator's license if MVD "determines [that the person] has a problem condition involving alcohol or controlled substances as described under ORS 813.040." Like those other statutory grounds for disqualification, a person's…”

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