74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2654
 
                         House Bill 2865
 
Sponsored by Representative CAMERON; Representatives BARKER,
  BERGER, BOQUIST, CANNON, CLEM, D EDWARDS, GILLIAM, NELSON,
  OLSON (at the request of Gary Will)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Permits police officer to take breath test of person operating
motor vehicle when officer has reasonable suspicion person is
driving while under influence of intoxicants.
 
                        A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) When a police officer has reasonable
suspicion to believe that a person is driving while under the
influence of intoxicants due to the manner in which a person is
operating a motor vehicle, the officer may require the person to
provide a sample of the person's breath for a preliminary
screening test.
  (2) The results of a preliminary screening test may be used for
the purpose of determining whether there is probable cause to
make an arrest of the person for violation of ORS 813.010,
driving while under the influence of intoxicants.
  (3) The results of a preliminary screening test, described in
this section, may not be used as evidence in any court
proceeding.
  (4) A refusal to take the preliminary screening test, described
in this section, may not be used as evidence of violation of ORS
813.095, refusal to take a breath test. + }
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