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Implied Consent Law in Oregon

Any person who operates a motor vehicle on public premises or the highways of Oregon is considered to have given consent, subject to the implied consent law, to a chemical test of the person’s breath or blood. The tests are conducted to determine the alcoholic content of a person’s blood if the person is arrested for DUII. A test will be administered at the request of a police officer having reasonable grounds to suspect the arrestee was driving under the influence of intoxicants.

A person’s driving privileges are subject to suspension if the person refuses to take a test or a breath test reveals a blood alcohol level that constitutes driving under the influence of intoxicants. If a person refuses or fails a test, evidence of the refusal or failure may be offered against the person. Drivers in Oregon are also considered to have given implied consent to urine tests. A valid chemical analysis of a person’s urine is admissible as evidence to determine whether a person was driving under the influence of intoxicants. A chemical analysis of a person’s urine is valid if it is performed in an accredited or licensed toxicology laboratory. As per the implied consent law, drivers in Oregon are deemed to have given consent to field sobriety tests, urine tests, blood tests, and breath tests. Failures of these tests or refusals to take any of them are admissible in any civil or criminal action that arises out of a DUII allegation.


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