Oregon Statutes 830.550 – Implied consent to field sobriety 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 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 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.
Terms Used In Oregon Statutes 830.550
- 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
- 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) 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.
(3) 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 or failed to physically submit to a test.
(b) Whether the person was informed of rights and consequences as described under ORS § 830.545.
(4) A report required by this section may be made on one or more forms provided by the board. [1991 c.931 § 13; 2019 c.431 § 18]