Nothing in ORS § 813.100, 813.131 or 813.132 is intended to preclude the administration of a chemical test described in this section. A police officer may obtain a chemical test of the breath or blood to determine the amount of alcohol in any person‘s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, a controlled substance or an inhalant in the person as provided in the following:

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Terms Used In Oregon Statutes 813.140

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(1) If, when requested by a police 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 police officer has probable cause to believe that the person was driving while under the influence of intoxicants 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. [1983 c.338 § 593; 1985 c.16 § 299; 1999 c.619 § 11; 2013 c.642 § 2; 2017 c.21 § 83; 2019 c.475 § 7; 2021 c.253 § 9]

 

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