Anyone in Oregon who operates a motor vehicle on a highway or upon premises open to the public is affected by the state’s implied consent law. This applies whether they hold a standard Oregon driver’s license, an out-of-state license or a commercial driver’s license (CDL.
Here is what to know about the state’s implied consent law:
Implied consent to breath or blood test
Under ORS 813.100, a driver shall be deemed to have given consent to a chemical test of their breath or of their blood if receiving medical care in a health care facility immediately after a motor vehicle accident. The purpose of the test is to determine their blood alcohol concentration (BAC) if arrested for driving under the influence of intoxicants (DUII).
Implied consent to urine test
Under ORS 813.131, a person is deemed to have given consent to a chemical test of their urine for the purpose of determining the presence of an intoxicant other than alcohol in their body if arrested for DUII.
If a person’s breath or blood test shows their BAC is less than 0.08%, but officers have reasonable suspicion of impairment, a certified police officer can request a urine test. A urine test may also be requested if a person is involved in an accident resulting in injury or property damage, regardless of whether a breath test is requested and regardless of the results of a breath test, if one is taken.
Implied consent to field sobriety tests
If the police reasonably suspect a driver has committed the offense of DUII, they can request them to submit to field sobriety tests to determine if they are under the influence of intoxicants.
It’s crucial to understand each of these provisions of the state’s implied consent law. Learn more to identify errors that frequently occur during its administration.