Oregon Statutes - Chapter 830 - Small Watercraft - Section 830.505 - 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 personís breath for the purpose of determining the alcoholic content of the personís blood if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 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 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.

(2) No chemical test of the personís breath shall be given under subsection (1) of this section, to a person under arrest for operating a boat while under the influence of intoxicants in violation of ORS 830.325 or of a municipal ordinance, if the person refuses the request of a peace officer to submit to the chemical test after the person has been informed of rights and consequences as described in ORS 830.545.

(3) 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 submit to a test.

(b) Whether the person was informed of rights and consequences as described under ORS 830.545.

(4) A report required by this section may be made on one or more forms provided by the board. [1991 c.931 §7]

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Last modified: August 7, 2008