§ 813.140 Consent to chemical tests; unconscious persons

813.140. Consent to chemical tests; unconscious persons

    Nothing in ORS 813.100 is intended to preclude the administration of a chemical test described in this section. A police officer may obtain a chemical test of the blood to determine the amount of alcohol in any person's blood or a test of the person's blood or urine, or both, to determine the presence of a controlled substance or an inhalant in the person as provided in the following:

    (1) If, when requested by a police officer, the person expressly consents to such a test.

    (2) Notwithstanding subsection (1) of this section, from a person without the person's consent if:

        (a) The police officer has probable cause to believe that the person was driving while under the influence of intoxicants and that evidence of the offense will be found in the person's blood or urine; and

        (b) The person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested.