ORS 830.505¹
Implied consent to chemical 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 chemical tests of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Tests shall be administered upon the request of a peace officer having reasonable grounds to believe that the person arrested was operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Before the test is administered, the person requested to take the test shall be informed of rights and consequences as described in ORS 830.545 (Information about rights and consequences).

(2) Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s urine for the purpose of determining the presence of cannabis, a controlled substance or an inhalant in the person’s body if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Tests shall be administered upon the request of a peace officer having reasonable grounds to believe that the person arrested was operating a boat while under the influence of intoxicants while in violation of ORS 830.325 (Operating boat while under influence of intoxicants) or of a municipal ordinance. Before the test is administered, the person requested to take the test shall be informed of rights and consequences as described in ORS 830.545 (Information about rights and consequences).

(3) A person asked to give a urine sample shall be given privacy and may not be observed by a peace officer when producing the sample.

(4)(a) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of intoxicants, a valid chemical analysis of a person’s urine is admissible as evidence and may be used with other evidence, if any, to determine whether the person was operating a boat while under the influence of intoxicants.

(b) A chemical analysis of a person’s urine is valid if analysis is performed in an accredited or licensed toxicology laboratory.

(5) 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 physically 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).

(6) A report required by this section may be made on one or more forms provided by the board.

(7) Nothing in this section precludes a peace officer from obtaining a chemical test through any lawful means for use as evidence in a criminal or civil proceeding including, but not limited to, obtaining a search warrant. [1991 c.931 §7; 2019 c.431 §14]

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/­ors/­ors830.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 830, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano830.­html (2019) (last ac­cessed May 16, 2020).
 
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.
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