Chapter 446 Oregon Laws 1999

Session Law

AN ACT

HB 2365

Relating to breath tests for driving while under the influence of intoxicants.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 2. (1) A court shall, at the request of a party to the case, admit into evidence, without certification, a copy of administrative rules of the Department of State Police addressing methods of conducting chemical tests of a person's breath in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants.

(2) If a police officer testifies in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants that the officer has a valid permit to perform analysis of a person's breath, the defendant has the burden of moving forward with evidence to show that the officer does not have a valid permit.

Approved by the Governor July 1, 1999

Filed in the office of Secretary of State July 2, 1999

Effective date October 23, 1999

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