(1)• anyone operating a motor vehicle on premises open to the public or Oregon highways has given implied consent, subject to the implied consent law, to a chemical breath test or a blood test if they are receiving medical care in a health care facility immediately after a motor vehicle accident, in order to determine their BAC if they've been arrested in violation of DUII or a municipal ordinance.

• a test will be administered on the request of a police officer having reasonable grounds to believe the person arrested to have been driving while under the influence of intoxicants in violation of DUII or a municipal ordinance.

• before the test is administered the person requested to take the test will be informed of 813.130 (Rights of & consequences for person asked to take test)

(2) if, under this statute, a suspect refuses to submit to a test or if a breath test shows that at the time of the test the suspect had a BAC constituting being under the influence of intoxicating liquor per 813.300 (Use of blood alcohol percentage as evidence) & the suspect had been informed of the 813.130 (Rights of & consequences for person asked to take test), then the suspect's driving privileges are subject to suspension per 813.410 (Suspension upon receipt of police report on implied consent test) & the police officer will do all of the following:

(a) immediately take custody of any Oregon driver license or permit issued to grant driving privileges.

(b) provide the suspect with a written notice of intent to suspend, on forms prepared & provided by DOT. The written notice will inform the person of the consequences & rights described under 813.130 (rights of & consequences for person asked to take test)

(c) if the person qualifies for a 813.110 (Temporary permit upon confiscation of license), issue to the person, on behalf of the department, such temporary driving permit

(d) within the period of time required by the department by rule, report the action taken under this statute & prepare & have delivered a report as described 813.120 (Police report to department), along with the confiscated license or permit & a copy of the notice of intent to suspend.

(3) if a blood test under this statute discloses that at the time of the test the suspect had a BAC constituting being under the influence of intoxicating liquor per 813.300 (Use of blood alcohol percentage as evidence), then the suspect's driving privileges are subject to suspension per 813.410 (Suspension upon receipt of police report on implied consent test) & the police officer will report to the department within forty-five (45) days of the date of arrest that the person failed the test

(4) nothing in this statute prevents a police officer from getting a chemical blood or breath test from the suspect through any lawful means for use as evidence in a criminal or civil proceeding including, but not limited to, obtaining a search warrant