Oregon Statutes 830.520 – Circumstances under which chemical tests may be administered
Nothing in ORS § 830.505 is intended to preclude the administration of chemical tests described in this section. A peace officer may obtain a chemical test of the blood to determine the amount of alcohol in any person‘s blood or a test of the person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, an inhalant or a controlled substance in the person as provided in the following:
Terms Used In Oregon Statutes 830.520
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(1) If, when requested by a peace officer, the person expressly consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a person without the person’s consent if:
(a) The peace officer has probable cause to believe that the person was operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance and that evidence of the offense will be found in the person’s blood or urine; and
(b) The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested. [1991 c.931 § 9; 2017 c.21 § 94; 2019 c.431 § 16; 2021 c.253 § 20]