(2) If a person refuses or fails to physically submit to nontestimonial field sobriety tests as required by subsection (1) of this section and after the person has been informed of the consequences of refusing or failing to physically submit, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was operating a boat while under the influence of intoxicants.
(3) Within the time required by the State Marine Board by rule, the arresting officer shall report the following information to the board:
(a) Whether the person refused or failed to physically submit to a test.
(b) Whether the person was informed of rights and consequences as described under ORS 830.545.
(4) A report required by this section may be made on one or more forms provided by the board. [1991 c.931 §13; 2019 c.431 §18]