ORS 830.505
Implied consent to chemical tests for intoxicants

  • refusal to submit
  • consequences

(1)

Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Tests shall be administered upon the request of a peace officer having reasonable grounds to believe that the person arrested was operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Before the test is administered, the person requested to take the test shall be informed of rights and consequences as described in ORS 830.545 (Information about rights and consequences).

(2)

Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s urine for the purpose of determining the presence of cannabis, psilocybin, a controlled substance or an inhalant in the person’s body if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Tests shall be administered upon the request of a peace officer having reasonable grounds to believe that the person arrested was operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Before the test is administered, the person requested to take the test shall be informed of rights and consequences as described in ORS 830.545 (Information about rights and consequences).

(3)

A person asked to give a urine sample shall be given privacy and may not be observed by a peace officer when producing the sample.

(4)

Intentionally left blank —Ed.

(a)

At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of intoxicants, a valid chemical analysis of a person’s urine is admissible as evidence and may be used with other evidence, if any, to determine whether the person was operating a boat while under the influence of intoxicants.

(b)

A chemical analysis of a person’s urine is valid if analysis is performed in an accredited or licensed toxicology laboratory.

(5)

Within the time required by the State Marine Board by rule, the arresting officer shall report the following information to the board:

(a)

Whether the person refused to physically submit to a test.

(b)

Whether the person was informed of rights and consequences as described under ORS 830.545 (Information about rights and consequences).

(6)

A report required by this section may be made on one or more forms provided by the board.

(7)

Nothing in this section precludes a peace officer from obtaining a chemical test through any lawful means for use as evidence in a criminal or civil proceeding including, but not limited to, obtaining a search warrant. [1991 c.931 §7; 2019 c.431 §14; 2021 c.253 §18]

Source: Section 830.505 — Implied consent to chemical tests for intoxicants; refusal to submit; consequences, https://www.­oregonlegislature.­gov/bills_laws/ors/ors830.­html.

830.005
Definitions for chapter 830.015
Application of ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490 830.025
Other boating laws not affected 830.035
Peace officers to enforce chapter 830.037
Notification of stolen boat 830.040
Contrary local laws prohibited 830.050
Reporting lost boat 830.053
False or fraudulent report of theft of boat 830.055
Oregon Adopt-a-River Program 830.060
Consistency with federal law 830.080
Boating Offense Compact 830.082
Mandatory boating safety education program 830.084
Requirements for mandatory boating safety education program 830.086
Boating safety education card 830.088
Operation of motorboat by person 12 to 15 years of age 830.090
Operation of motorboat by person 16 years of age or older 830.092
Exemption from requirement to obtain boating safety education card 830.094
Boating safety education card required to operate motorboat 830.096
Conditional suspension of fine for violation of boating safety requirements 830.100
Boating safety policy 830.105
State Marine Board 830.110
Powers and duties of board 830.115
Boating survey 830.120
Term 830.125
Compensation and expenses 830.130
Officers 830.135
State Marine Director 830.137
Disposition of funds received through Clean Vessel Act and through Boating Infrastructure Grant Program 830.140
Boating Safety, Law Enforcement and Facility Account 830.150
Disbursement of funds for boating facilities 830.155
Revolving fund 830.160
Board authority to remove obstructions from water 830.165
Boating safety educational program 830.170
Agreements with other jurisdictions 830.172
County boat use permit program review 830.175
Regulations for specific areas 830.180
Use of motors prohibited on certain lakes 830.185
Speed restrictions in certain areas 830.187
Restrictions for Waldo Lake 830.190
Temporary suspension of speed restrictions 830.195
Board to protect traditional boating uses and prevent user conflicts 830.200
County boat use permits 830.210
Operating improperly equipped boat prohibited 830.215
Personal flotation devices 830.220
Fire extinguishers 830.225
Lights 830.230
Sound signaling devices 830.235
Carburetors 830.240
Ventilation systems 830.245
Safety devices on boat operated in tidewater 830.250
Additional equipment 830.260
Muffling devices 830.270
Notice to board on noise violation charge 830.300
Operating boat in violation of chapter prohibited 830.302
Draining water from boat 830.305
Unsafe operation 830.315
Reckless boating 830.325
Operating boat while under influence of intoxicants 830.330
Liability of owner for negligent operation of boat 830.335
Operator to maintain lookout 830.340
Navigation rules 830.345
Traffic lanes 830.350
Testing racing motorboat 830.355
Overloading 830.360
Riding on bow, gunwale or transom 830.362
Operating motorboat with person holding on to or occupying parts aft of transom 830.365
Waterskiing, surfboarding and similar activities 830.370
Mooring to buoys and beacons 830.375
Authorization required to hold marine event 830.380
Peace officer authority to require operator to remedy especially hazardous condition 830.383
Person required to remedy especially hazardous condition 830.385
Commercial fishing boats exempt from regulation of especially hazardous condition 830.390
Minimum equipment and safety requirements for vessels engaged in Klamath Lake plankton fishery 830.410
Operator of boat livery to provide properly equipped boats 830.415
Records of operator of boat livery 830.420
Minimum equipment requirements for rental or charter boats 830.425
Minimum requirements for boat livery operation 830.430
Definitions for ORS 830.430 to 830.465 and 830.997 830.435
Charter boat license 830.437
Licensing 830.440
License application 830.445
Liability insurance form 830.447
Optional charter boat licensing 830.450
Equipment requirements 830.460
Prohibited activities 830.465
Disciplinary actions 830.475
Duties of operators and witnesses at accidents 830.480
Accident report required 830.485
Form of report 830.490
Confidential nature of report 830.495
Report of accident resulting in death or disappearance 830.505
Implied consent to chemical tests for intoxicants 830.510
Chemical evidence of use of intoxicants 830.515
Evidence of refusal to submit to test in legal proceeding 830.520
Circumstances under which chemical tests may be administered 830.525
Chemical tests obtained by subject 830.535
Criteria for chemical analyses 830.545
Information about rights and consequences 830.550
Implied consent to field sobriety tests for intoxicants 830.555
Additional penalties for failing to submit to testing for intoxicants 830.560
Launching boat with aquatic invasive species prohibited 830.565
Permit required 830.570
Board to issue permit 830.575
Annual fee for permit 830.580
Rules 830.585
Aquatic Invasive Species Prevention Fund 830.587
Definitions for ORS 830.589, 830.591, 830.594, 830.998 and 830.999 830.589
Watercraft check stations 830.591
Request to proceed to nearest station 830.594
Report of prevention efforts 830.600
Applicability of boating laws to seaplanes 830.605
State Marine Board and Oregon Department of Aviation to distribute information on regulation of seaplanes 830.615
Waterway Access Fund 830.618
Grants for nonmotorized boat waterway access 830.621
Grants for boating safety education, boating equipment and waterway access to underserved communities 830.624
Permit requirements for person 14 years of age or older 830.627
Fees for issuance of permit 830.630
Issuance of permits 830.640
Towed watersports program 830.643
Towed watersports endorsement and certificate 830.646
Fees 830.649
Newberg Pool Congested Zone 830.652
Additional penalties for violations occurring within Newberg Pool Congested Zone 830.655
Suspension 830.700
Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870 830.705
Applicability of numbering, title and license requirements 830.710
Report of transfer, abandonment or destruction of boat, boathouse or floating home or change of address of owner 830.715
Record of certificates and numbers 830.720
Cancellation of title upon scrapping of boat, boathouse or floating home 830.725
Distribution of lists of owners 830.730
False information prohibited 830.740
Perfection of security interest in boats, boathouses and floating homes covered by certificate of title 830.745
Notation on title of creation, satisfaction or assignment of security interest 830.750
Transfer of title subject to security interest 830.755
Transfer by operation of law of title subject to security interest 830.770
Certificate of number required on boat 830.775
Operation of certain boats without certificates of registration 830.780
Identifying number on forward half of boat 830.785
Application for boat number 830.790
Certificate or registration fees 830.795
Issuance of certificate of number and validation stickers 830.800
Expiration of certificate of number 830.805
Application by owner having number awarded by federal government or another state 830.810
Certificate of title 830.815
Refusal to issue or suspension or cancellation of certificate 830.820
Duplicate certificates or validation stickers 830.825
Hull identification number required 830.830
Dealer or boat manufacturer number 830.850
Identifying number plate required on floating homes and boathouses 830.855
Application for floating home or boathouse identifying plate 830.860
Validity of certificate of title 830.865
Rules 830.870
Duplicate certificate of title 830.875
Definitions for ORS 830.880 to 830.895 830.880
Seizure of boats and equipment from which identification number has been removed 830.885
Return of seized property 830.890
Public notice to persons having interest in seized property 830.895
Renumbering 830.908
Definitions for ORS 830.908 to 830.948 830.911
Authority to seize abandoned vessel or derelict vessel 830.918
Preseizure notice 830.923
Seizure without notice 830.928
Manner and time of seizure 830.931
Post-seizure notice 830.933
Reclamation of seized vessel 830.936
Hearing 830.938
Liability for costs of salvage, towing and storage 830.940
Use of contractor 830.944
Offenses 830.948
Salvaged Vessel Subaccount 830.950
Definitions for ORS 830.955 830.955
Prohibition of installation of submersible polystyrene device 830.990
Penalties 830.992
Penalty for purchase of boat or equipment from which hull or component identification number removed 830.993
Penalties for violation of ORS 166.155 or 166.165 830.994
Additional penalties for violation of ORS 830.325 830.997
Penalty for charter boat violations 830.998
Penalty for failing to stop at an aquatic invasive species check station 830.999
Penalty for transporting aquatic invasive species
Green check means up to date. Up to date

Current through early 2024

§ 830.505’s source at oregon​.gov