Oregon Statutes 830.994 – Additional penalties for violation of ORS 830.325
(1) When a person is convicted of a violation of any provision of ORS § 830.315 or 830.325, the court shall comply with the following in addition to any other penalty imposed upon the person under ORS § 830.990:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 830.994
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Operate: means to navigate or otherwise use a boat. See Oregon Statutes 830.005
- 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
(a) Order the person not to operate a boat for a period of one year;
(b) Order the person to complete a boating safety course conducted in a classroom and approved by the State Marine Board; and
(c) Order the board to suspend the person’s boating safety education card issued under ORS § 830.086 for one year.
(2) When a person is convicted of a violation of any provision of ORS § 830.325, the court shall, in addition to any other penalty imposed upon the person under ORS § 830.990 or subsection (1) of this section, include in the record of conviction a finding whether the person willfully refused the request of a peace officer to physically submit to chemical testing of the breath or urine or a nontestimonial field sobriety test under ORS § 830.505 and 830.550. For purposes of this subsection, a person shall be found to have willfully refused the request if the person was informed about rights and consequences concerning the test under ORS § 830.505 and 830.545 and refused to physically submit to the test.
(3) The record of conviction of each person convicted of violating ORS § 830.315 or 830.325 shall be sent by the court to the board within 14 days of the entry of the judgment of conviction in the court register.
(4) A person who knowingly operates a boat in violation of a court order under subsection (1)(a) of this section commits a Class A misdemeanor. [1991 c.931 § 14; 1997 c.568 § 6; 2019 c.431 § 3]
[Formerly 488.995; repealed by 1999 c.1051 § 97]