Implied consent to urine test
- privacy
- laboratories for analysis
Source:
Section 813.131 — Implied consent to urine test; privacy; laboratories for analysis, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html.
Notes of Decisions
Quantitative testing is not required for urinalysis evidence to be admissible. State v. Fong, 226 Or App 493, 204 P3d 146 (2009), Sup Ct review denied
Admissibility of urinalysis that complies with this section remains subject to foundational requirements for introduction of scientific evidence. State v. Tripathi, 226 Or App 552, 204 P3d 134 (2009)
When legislature transferred, as part of broad changes to chapter governing public safety standards and training, duties of certification of police officers from Board on Public Safety Standards and Training to exclusive domain of Department of Public Safety Standards and Training, legislature impliedly amended this section to require that officers requesting urine tests be certified by department; thus, evidence that, at time when driver’s license was suspended, officer was certified by department, not board, was sufficient for finding that officer was properly certified to request urine test under this section. Hanson v. DMV, 278 Or App 599, 375 P3d 563 (2016), Sup Ct review denied
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