Implied consent to field sobriety tests
Source:
Section 813.135 — Implied consent to field sobriety tests, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html.
Notes of Decisions
Because of protective procedures in this section and general circumstances of request to perform sobriety tests, request to perform sobriety test does not create inherently compelling circumstances for Miranda purposes. State v. Schaffer, 114 Or App 328, 835 P2d 134 (1992)
Where police officer failed to inform defendant of consequences of refusing to perform sobriety tests and defendant performed test anyway, results of field sobriety test were admissible. State v. Trenary, 316 Or 172, 850 P2d 356 (1993)
Because implied consent statute is invalid, officer is no longer required to issue warning concerning consequence of refusing test. State v. Maddux, 144 Or App 34, 925 P2d 124 (1996)
Police officer may request voluntary consent to test based on less than probable cause. State v. Ramos, 149 Or App 269, 942 P2d 841 (1997)
Law Review Citations
74 OLR 697 (1995); 32 WLR 677 (1996)
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