Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to field sobriety tests upon the request of a peace officer for the purpose of determining if the person is under the influence of intoxicants if the peace officer reasonably suspects that the person has committed the offense of operating a boat while under the influence of intoxicants in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or a municipal ordinance. If the person refuses to consent to field sobriety tests, the person shall be asked to provide only physical cooperation to submit to nontestimonial field sobriety tests and the person shall be informed of the consequences of failing to physically submit to those tests under subsection (2) of this section.
If a person refuses or fails to physically submit to nontestimonial field sobriety tests as required by subsection (1) of this section and after the person has been informed of the consequences of refusing or failing to physically submit, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was operating a boat while under the influence of intoxicants.
Within the time required by the State Marine Board by rule, the arresting officer shall report the following information to the board:
Whether the person refused or failed to physically submit to a test.