ORS 830.545¹
Information about rights and consequences

This section establishes the requirements for information about rights and consequences for purposes of ORS 830.505 (Implied consent to chemical tests for intoxicants). The following apply to the information about rights and consequences:

(1) The information about rights and consequences shall be substantially in the form prepared by the State Marine Board. The board may establish any form it determines appropriate and convenient.

(2) The information about rights and consequences shall be substantially as follows:

(a) Operating a boat under the influence of intoxicants is a crime in Oregon and the person is subject to criminal penalties if the test shows that the person is under the influence of intoxicants. If the person refuses the test or fails, evidence of the refusal or failure may also be offered against the person.

(b) The person fails the test if the test shows the person is under the influence of intoxicants under Oregon law.

(c) If the person is convicted of operating a boat while under the influence of intoxicants, the person may not operate a boat for a period of time following the conviction.

(d) If the person is convicted of operating a boat while under the influence of intoxicants, the person is not eligible to apply for any certificate of title, registration or numbering and all certificates of title, registration and numbering necessary to lawfully operate a boat on Oregon waters shall be canceled for at least a year. The ineligibility to apply for certificates or the cancellation of the certificates shall be substantially longer if the person refuses the test.

(e) After taking the test, the person shall have a reasonable opportunity, upon request, for an additional chemical test for blood alcohol content to be performed at the person’s own expense by a qualified individual of the person’s choosing.

(3) Nothing in this section prohibits the board from providing additional information concerning rights and consequences that the board considers appropriate or convenient. [1991 c.931 §12]

Chapter 830

See also annota­tions under ORS chapter 488 in permanent edi­tion.

Atty. Gen. Opinions

Public right to use artificial lake created for recrea­tion on a nonnavigable stream on privately owned land, (1972) Vol 35, p 1202

1 Legislative Counsel Committee, CHAPTER 830—Small Watercraft, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors830.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 830, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­830ano.­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