ORS  Guide
Chemical test with consent - Unconscious person
ORS > Vehicle Code > DUII > 813.140
Nothing in 813.100 (implied consent - breath or blood test), 813.131 (implied consent - urine test) or 813.132 (consequences of refusing to take urine test) is intended to preclude the administration of a chemical test described in this statute. A police officer may obtain a blood or breath test to determine the amount of alcohol in someone's blood OR a test of someone's blood and/or urine to determine the presence of cannabis, a controlled substance or an inhalant in the person as provided by the following:
(1) if, when asked by a police officer, the person expressly consents to such a test.
(2) regardless of paragraph(1), without the person's consent if:
(a) the police officer has probable cause to believe the person was driving while under the influence of intoxicants and that evidence of the offense will be found in their blood or urine AND
(b) the person is unconscious or otherwise in a condition rendering them incapable of expressly consenting to the test or tests requested
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