If a person refuses or fails to physically submit to chemical tests of the breath or urine as required by ORS § 830.505, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of acts alleged to have been committed while the person was operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance. [1991 c.931 § 8; 2017 c.21 § 93; 2019 c.431 § 15; 2021 c.253 § 19]

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Terms Used In Oregon Statutes 830.515

  • 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.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100