Chapter 260
Oregon Laws 2011
AN ACT
SB 65
Relating to
measuring blood alcohol content; creating new provisions; and amending ORS
813.300 and 830.510.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.300 is amended to
read:
813.300. (1) At the trial of any civil
or criminal action, suit or proceeding arising out of the acts committed by a
person driving a motor vehicle while under the influence of intoxicants, if the
amount of alcohol in the person’s blood at the time alleged is less than 0.08
percent by weight of alcohol as shown by chemical analysis of the person’s
breath or blood, it is indirect evidence that may be used with other evidence,
if any, to determine whether or not the person was then under the influence of
intoxicants.
(2) Not less than 0.08 percent by
weight of alcohol in a person’s blood constitutes being under the influence of
intoxicating liquor.
(3) Notwithstanding subsection (2) of
this section, for purposes of the Motorist Implied Consent Law as defined in ORS
801.010, for a person who is under 21 years of age, any amount of alcohol in
the blood constitutes being under the influence of intoxicating liquor.
(4) Percent by weight of alcohol in
the blood shall be based upon grams of alcohol per [one hundred cubic centimeters] 100 milliliters of blood
or based upon grams of alcohol per 210 liters of breath.
SECTION 2. ORS 830.510 is amended to
read:
830.510. (1) At the trial of any civil
or criminal action, suit or proceeding arising out of the acts committed by a
person operating a boat while under the influence of any intoxicants, if the
amount of alcohol in the person’s blood at the time alleged is less than 0.08
percent by weight of alcohol and shown by chemical analysis of the person’s
breath or blood, it is indirect evidence that may be used with other evidence,
if any, to determine whether or not the person was then under the influence of
intoxicants.
(2) Not less than 0.08 percent by
weight of alcohol in a person’s blood constitutes being under the influence of
intoxicating liquor.
(3) Percent by weight of alcohol in
the blood shall be based on grams of alcohol per 100 [cubic centimeters] milliliters of blood or based on grams
of alcohol per 210 liters of breath.
(4) For purposes of ORS 830.505 to 830.545,
“boat” means a motorboat or sailboat.
SECTION 3. The amendments to ORS
813.300 and 830.510 by sections 1 and 2 of this 2011 Act apply to chemical
analyses performed on a person’s breath or blood on or after the effective date
of this 2011 Act.
Approved by
the Governor June 7, 2011
Filed in the
office of Secretary of State June 7, 2011
Effective date
January 1, 2012
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