Implied consent - urine test
(1) a person may be asked to provide a urine sample under 813.140 (Chemical test with consent) or (2) below
(2) anyone operating a motor vehicle on premises open to the public or Oregon highways has given implied consent, subject to the Motorist Implied Consent Law, to a chemical test of their urine to determine the presence of an intoxicant other than intoxicating liquor in their body if they are arrested for DUII or of a municipal ordinance & either:
(a) they take the breath test described in 813.100 (implied consent - breath or blood test) & the test shows a BAC less than 0.08% OR
(b) they're involved in an accident resulting in injury or property damage. A urine test may be requested under this paragraph regardless of whether a breath test has been requested & regardless of the results of a breath test, if one is taken.
(3) a police officer may not request a urine test unless the officer is certified by the DPSST as having completed at least eight (8) hours of training in recognition of drug impaired driving & the officer has reasonable suspicion that the person arrested has been driving while under the influence of an intoxicant other than intoxicating liquor or a combination of intoxicants.
(4) a person asked to give a urine sample will be given privacy & may not be observed by a police officer when producing the sample
(5)(a) 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, a valid chemical analysis of their urine is admissible as evidence & may be used with other evidence, if any, to determine whether the person was DUII
(b) a chemical analysis of a person's urine is valid if the analysis is performed in an accredited or licensed toxicology laboratory
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