(1) The information about rights and consequences shall be substantially in the form prepared by the State Marine Board. The board may establish any form it determines appropriate and convenient.
(2) Except as provided in subsection (3) of this section, the information about rights and consequences shall be substantially as follows:
(a) Operating a boat while under the influence of intoxicants is a crime in Oregon and the person is subject to criminal penalties if the test shows that the person is under the influence of intoxicants. If the person fails a test, evidence of the failure may also be offered against the person.
(b) The person fails the test if the test shows the person is under the influence of intoxicants under Oregon law.
(c) If the person is convicted of operating a boat while under the influence of intoxicants, the person may not operate a boat for a period of time following the conviction.
(d) If the person is convicted of operating a boat while under the influence of intoxicants, the following apply for one year:
(A) The person is not eligible to apply for any certificate of title, registration or numbering; and
(B) The person’s boating safety education card is suspended.
(e) After taking the test, the person shall have a reasonable opportunity, upon request, for an additional chemical test for blood alcohol content to be performed at the person’s own expense by a qualified individual of the person’s choosing.
(3) A person who refuses to submit to a chemical test after being informed of the rights and consequences in subsection (2) of this section shall be provided additional information, substantially as follows:
(a) If the person refuses to provide consent to a breath or urine test, and is thereafter requested to provide only physical cooperation to submit to a breath or urine test and the person refuses to physically submit to a test, evidence of that refusal may be offered against the person.
(b) If the person refuses to physically submit to the test, the following apply for three years:
(A) The person is not eligible to apply for any certificate of title, registration or numbering; and
(B) The person’s boating safety education card is suspended.
(4) Notwithstanding subsection (3) of this section, the board may not impose the penalties described in subsection (3)(b) of this section for refusal to provide a urine sample if the person provides documentation from a physician licensed by this state showing that the person has a medical condition that makes it impossible for the person to provide a sample.
(5) Nothing in this section prohibits the board from providing additional information concerning rights and consequences that the board considers appropriate or convenient. [1991 c.931 §12; 2019 c.431 §6]