Driving Under the Influence of Intoxicants

ORS 813.135
Implied consent to field sobriety tests


Any person who operates a vehicle upon premises open to the public or the highways of the state shall be deemed to have given consent to submit to field sobriety tests upon the request of a police officer for the purpose of determining if the person is under the influence of intoxicants if the police officer reasonably suspects that the person has committed the offense of driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or a municipal ordinance. If the person refuses to consent to field sobriety tests, the person shall be asked to provide only physical cooperation to submit to nontestimonial field sobriety tests, and the person shall be informed of the consequences of failing to physically submit to those tests under ORS 813.136 (Consequence of refusal or failure to submit to field sobriety tests). [1989 c.576 §15; 2019 c.475 §5]

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)


Source

Last accessed
Jun. 26, 2021