2011 ORS § 830.550¹
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 (Operating boat while under influence of intoxicating liquor or controlled substance) or a municipal ordinance. Before the tests are administered, the person requested to take the test shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 830.545 (Information about rights and consequences).
(2) If a person refuses or fails to submit to field sobriety tests as required by subsection (1) of this section, evidence of the persons refusal or failure to 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 to submit to a test.
(b) Whether the person was informed of rights and consequences as described under ORS 830.545 (Information about rights and consequences).
(4) A report required by this section may be made on one or more forms provided by the board. [1991 c.931 §13]