Oregon Revised Statutes

Or. Rev. Stat. § 813.322 (2026)

Department of State Police rules regarding breath tests as evidence; validity of officer’s permit

✓ current as of May 2026

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813.322 Department of State Police rules regarding breath tests as evidence; validity of officer’s permit. (1) A court shall, at the request of a party to the case, admit into evidence, without certification, a copy of administrative rules of the Department of State Police addressing methods of conducting chemical tests of a person’s breath in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants.

(2) If a police officer testifies in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants that the officer has a valid permit to perform analysis of a person’s breath, the defendant has the burden of moving forward with evidence to show that the officer does not have a valid permit. [1999 c.446 §2]

Note: 813.322 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: State v. Tripathi, 204 P.3d 134 (Or. Ct. App. 2009).

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State v. Tripathi, 204 P.3d 134 (Or. Ct. App. 2009). · cites it 2× “300, and ORS 813.322, which expressly create criteria for the admission of breath and blood test results, there is no analogous provision in the implied consent law for urine testing.”

— Or. Rev. Stat. § 813.322(1) — 1 case

State v. Tripathi, 204 P.3d 134 (Or. Ct. App. 2009). “300, and ORS 813.322, which expressly create criteria for the admission of breath and blood test results, there is no analogous provision in the implied consent law for urine testing.”

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