2015 Oregon Revised Statutes
Volume : 17 - Utilities, Vehicle Code, Watercraft, Aviation, Constitutions
Chapter 813 - Driving Under the Influence of Intoxicants
Section 813.140 - Chemical test with consent; unconscious person.
Nothing in ORS 813.100 is intended to preclude the administration of a chemical test described in this section. A police officer may obtain a chemical test of the breath or blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or urine, or both, to determine the presence of a controlled substance or an inhalant in the person as provided in the following:
(1) If, when requested by a police 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 police officer has probable cause to believe that the person was driving while under the influence of intoxicants 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.
[1983 c.338 §593; 1985 c.16 §299; 1999 c.619 §11; 2013 c.642 §2]
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
