(2) The department may not reinstate a person’s driving privileges unless:
(a) The person has provided proof of completing a treatment program as required under subsection (1) of this section;
(b) The person has an order from the circuit court of the county in which the person was convicted that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program; or
(c) Fifteen years have elapsed since the date of the person’s conviction for driving while under the influence of intoxicants.
(3)(a) If the person is unable to provide proof of completing a treatment program as required under subsection (1) of this section, the person may file a motion with the circuit court of the county in which the person was convicted to show proof that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program. The person shall provide a copy of the motion and any supporting documentation to the district attorney of the county. The district attorney may file, within 45 days from the date the person files the motion with the court, an objection to the motion.
(b) If the district attorney does not file an objection to the motion, the court shall, without hearing, enter an order that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program or, on its own motion, conduct a hearing as described in subsection (4) of this section.
(c) Upon timely receipt of an objection from the district attorney, the court shall conduct a hearing.
(4) At a hearing under subsection (3) of this section, the court shall determine whether, considering the totality of the circumstances, the person has taken sufficient steps such that in the court’s view the person has satisfied the requirement under ORS 813.021 to complete a treatment program.
(5) If the court determines that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program, the court shall enter an order that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program.
(6) When the court enters an order under this section, the court shall provide a copy of the order to the district attorney.
(7) A court may not enter an order that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program if the person has not started a treatment program. [2012 c.9 §2; 2013 c.233 §1]
Note: 813.022 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.