Driving Under the Influence of Intoxicants

ORS 813.320
Effect of implied consent law on evidence


The provisions of the implied consent law, except ORS 813.300 (Use of blood alcohol percentage as evidence), shall not be construed by any court to limit the introduction of otherwise competent, relevant evidence in any civil action, suit or proceedings or in any criminal action other than a violation of ORS 813.010 (Driving under the influence of intoxicants) or a similar municipal ordinance in proceedings under ORS 813.410 (Suspension upon receipt of police report on implied consent test).


The provisions of the implied consent law shall not be construed by any court to limit the introduction of otherwise competent, relevant evidence of the amount of alcohol in the blood of a defendant in a prosecution for driving while under the influence of intoxicants. [1983 c.338 §596; 1985 c.16 §302; 1999 c.437 §1; 2019 c.475 §9]

Notes of Decisions

Under Former Similar Statute

Breathalyzer test results were suppressed where officer failed to inform defendant fully of rights, including entitlement to independent testing, after he had initially refused test. State v. Creson, 33 Or App 369, 576 P2d 814 (1978)

A court may not prohibit the admission of blood tests performed by an individual who does not possess a permit from the Health Division in prosecutions for manslaughter under ORS 163.125 when the evidence is otherwise competent and relevant. State v. Heintz, 286 Or 239, 594 P2d 385 (1979)

Blood test inadmissible on DUII charge is nonetheless admissible on assault charge under this section; proper remedy to avoid prejudice is motion for separate trial, not premature exclusion of evidence. State v. Armenta, 74 Or App 219, 702 P2d 1113 (1985)

In General

Where defendant is hospitalized or receiving medical care, state is not required to demonstrate that blood test results otherwise competent as evidence were obtained in compliance with ORS 813.160. State v. Snyder, 337 Or 410, 97 P3d 1181 (2004)

State is not obligated to produce evidence of scientific validity of process or principles used in blood alcohol testing conducted as part of medical care. State v. Helgeson, 220 Or App 285, 185 P3d 545 (2008)


Last accessed
Jun. 26, 2021