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Oregon Revised Statutes

Or. Rev. Stat. § 813.110 (2026)

Temporary permit upon confiscation of license

✓ current as of May 2026
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      813.110 Temporary permit upon confiscation of license.

(1) Except as otherwise provided by this section, police officers, on behalf of the Department of Transportation, shall issue temporary driving permits described under this section to persons when required under ORS 813.100.

      (2) The department shall provide police departments and agencies with permits for issuance as required by this section. The department shall establish the form and content of permits described in this section as the department determines appropriate, but in a manner consistent with this section.

      (3) A permit described in this section is subject to all the following:

      (a) Except as provided in paragraph (b) of this subsection, the permit is valid until the 30th day after the date of arrest.

      (b) During the 12-hour period following issuance of the permit, the person is subject to ORS 807.570, and the permit is not a defense to a charge under ORS 807.570.

      (c) The permit shall be issued without payment of any fee.

      (d) The permit grants the same driving privileges as those granted by the person’s license taken into possession under ORS 813.100.

      (4) A police officer shall not issue a permit under this section if:

      (a) Driving privileges of the person were suspended, revoked or canceled at the time the person was arrested;

      (b) The person whose license was taken into custody was operating on an invalid license;

      (c) The person was not entitled to driving privileges at the time of the arrest for any other reason; or

      (d) The person holds a license or permit granting driving privileges that was issued by another state or jurisdiction and that is not taken into custody under ORS 813.100. [1985 c.16 §142; 1985 c.672 §17]

Notes of Decisions
Cited in 5 cases, 1998–2013 · leading case: State v. MacHuca, 218 P.3d 145 (Or. Ct. App. 2009).
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State v. MacHuca, 218 P.3d 145 (Or. Ct. App. 2009). · cites it 4× “"(c) If the person qualifies under ORS 813.110, issue to the person, on behalf of the department, a temporary driving permit described under ORS 813.”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008). · cites it 2× “We reverse with *461 respect to defendant’s conviction under ORS 807.570 and otherwise affirm.”
Bianco v. Driver & Motor Veh. Servs. Div., 307 P.3d 470 (Or. Ct. App. 2013). “See ORS 813.110(4). Although there is no statutory requirement for when a hearing under ORS 813.”
State v. Kurtz, 228 P.3d 583 (Or. Ct. App. 2010). “100 (implied consent to breath test by a police officer); ORS 813.110 (issuance of temporary license by a police officer); ORS 813.”
State v. Wapniarski, 950 P.2d 415 (Or. Ct. App. 1998). “ORS 813.110. He assigns error to the court’s failure to sustain his objection to expert testimony from a drug recognition expert as lacking in foundation.”
— Or. Rev. Stat. § 813.110(4) — 1 case
Bianco v. Driver & Motor Veh. Servs. Div., 307 P.3d 470 (Or. Ct. App. 2013). “See ORS 813.110(4). Although there is no statutory requirement for when a hearing under ORS 813.”
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