Small Watercraft

ORS 830.520
Circumstances under which chemical tests may be administered

Nothing in ORS 830.505 (Implied consent to chemical tests for intoxicants) is intended to preclude the administration of chemical tests described in this section. A peace officer may obtain a chemical test of the blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, an inhalant or a controlled substance in the person as provided in the following:

(1)

If, when requested by a peace officer, the person expressly consents to such a test.

(2)

Notwithstanding subsection (1) of this section, from a person without the person’s consent if:

(a)

The peace officer has probable cause to believe that the person was operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance and that evidence of the offense will be found in the person’s blood or urine; and

(b)

The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested. [1991 c.931 §9; 2017 c.21 §94; 2019 c.431 §16; 2021 c.253 §20]
Source

Last accessed
Mar. 11, 2023

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