Oregon Statutes 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 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 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.
Terms Used In Oregon Statutes 830.505
- Board: means the State Marine Board. See Oregon Statutes 830.005
- Boat: means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes. See Oregon Statutes 830.005
- 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.
- Peace officer: includes a member of the Oregon State Police, a sheriff or deputy sheriff, a city police officer, an authorized tribal police officer as defined in ORS § 181A. See Oregon Statutes 830.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Waters of this state: means all waters within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as part of a journey or ride to or from the shore of this state. See Oregon Statutes 830.005
(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 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 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.
(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)(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.
(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]