ORS § 830.520

Current through 2024 Regular Session legislation effective June 6, 2024
Section 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:

(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.

ORS 830.520

Amended by 2021 Ch. 253,§ 20, eff. 6/11/2021.
Amended by 2019 Ch. 431,§ 16, eff. 1/1/2020.
Amended by 2017 Ch. 21,§ 94, eff. 4/21/2017.
1991 c.931 §9