Nothing in ORS 830.505 is intended to preclude the administration of chemical tests described in this section. A peace officer may obtain a chemical test of the blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, an inhalant or a controlled substance in the person as provided in the following:

1. (1) If, when requested by a peace officer, the person expressly consents to such a test.

2. (2) Notwithstanding subsection (1) of this section, from a person without the person’s consent if:

   1. (a) The peace officer has probable cause to believe that the person was operating a boat while under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance and that evidence of the offense will be found in the person’s blood or urine; and
   2. (b) The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested.

[1991 c.931 §9; 2017 c.21 §94; 2019 c.431 §16; 2021 c.253 §20]