ORS 813.320¹
Effect of implied consent law on evidence

(1) The provisions of the implied consent law, except ORS 813.300 (Use of blood alcohol percentage as evidence), shall not be construed by any court to limit the introduction of otherwise competent, relevant evidence in any civil action, suit or proceedings or in any criminal action other than a violation of ORS 813.010 (Driving under the influence of intoxicants) or a similar municipal ordinance in proceedings under ORS 813.410 (Suspension upon receipt of police report on implied consent test).

(2) The provisions of the implied consent law shall not be construed by any court to limit the introduction of otherwise competent, relevant evidence of the amount of alcohol in the blood of a defendant in a prosecution for driving while under the influence of intoxicants if:

(a) The evidence results from a test of blood taken from the defendant while the defendant was hospitalized or otherwise receiving medical care, whether or not the defendant consented to the drawing of blood or to the test; or

(b) The evidence is obtained pursuant to a search warrant. [1983 c.338 §596; 1985 c.16 §302; 1999 c.437 §1]

Notes of Decisions

Under Former Similar Statute

Breathalyzer test results were suppressed where of­fi­cer failed to inform defendant fully of rights, including entitle­ment to independent testing, after he had initially refused test. State v. Creson, 33 Or App 369, 576 P2d 814 (1978)

A court may not prohibit the admission of blood tests performed by an individual who does not possess a permit from the Health Division in pros­e­cu­­tions for manslaughter under ORS 163.125 (Manslaughter in the second degree) when the evidence is otherwise competent and relevant. State v. Heintz, 286 Or 239, 594 P2d 385 (1979)

Blood test inadmissible on DUII charge is nonetheless admissible on assault charge under this sec­tion; proper remedy to avoid prejudice is mo­tion for separate trial, not premature exclusion of evidence. State v. Ar­menta, 74 Or App 219, 702 P2d 1113 (1985)

In General

Where defendant is hospitalized or receiving medical care, state is not re­quired to demonstrate that blood test results otherwise competent as evidence were obtained in compliance with ORS 813.160 (Methods of conducting chemical analyses). State v. Snyder, 337 Or 410, 97 P3d 1181 (2004)

1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­813.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­813ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information