Driving Under the Influence of Intoxicants

ORS 813.095
Offense of refusal to take a test for intoxicants

  • penalty

(1)

A person commits the offense of refusal to take a test for intoxicants if the person refuses to:

(a)

Take a breath test when requested to do so in accordance with the provisions of ORS 813.100 (Implied consent to breath or blood test); or

(b)

Take a urine test when requested to do so in accordance with the provisions of ORS 813.131 (Implied consent to urine test) and 813.132 (Consequences of refusing to take urine test).

(2)

The offense described in this section, refusal to take a test for intoxicants, is a specific fine traffic violation. The presumptive fine for refusal to take a test for intoxicants is $650. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. [2003 c.814 §2; 2009 c.614 §1; 2011 c.597 §102]

Notes of Decisions

Violation proceeding for refusal to take breath test is not criminal in nature for purposes of double jeopardy provision of section 12, Article I of Oregon Constitution. State v. Roeder, 209 Or App 199, 147 P3d 363 (2006), Sup Ct review denied

Source

Last accessed
Jun. 26, 2021

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