ORS 813.136
Consequence of refusal or failure to submit to field sobriety tests

If a person refuses or fails to physically submit to field sobriety tests as required by ORS 813.135 (Implied consent to field sobriety tests) after the person has been informed of the consequences of refusing to 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 driving while under the influence of intoxicants. [1989 c.576 §14; 2019 c.475 §6]
CHEMICAL TESTS; METHODS AND REQUIREMENTS

Source: Section 813.136 — Consequence of refusal or failure to submit to field sobriety tests, https://www.­oregonlegislature.­gov/bills_laws/ors/ors813.­html.

Notes of Decisions

Forcing person to choose between self-incrimination through consent to field sobriety test and self-incrimination by inference through admission of evidence that person refused test violates constitutional prohibition against compelled self-incrimination. State v. Fish, 321 Or 48, 893 P2d 1023 (1995)

Officer request that person take sobriety tests must specify tests to be given in order for refusal to be admissible. State v. Rohrs, 157 Or App 494, 970 P2d 262 (1998), aff’d 333 Or 397, 40 P3d 505 (2002)

Law Review Citations

32 WLR 677 (1996)

813.010
Driving under the influence of intoxicants 813.011
Felony driving under the influence of intoxicants 813.012
Crime classification for purposes of rules of Oregon Criminal Justice Commission 813.017
Arraignment 813.020
Fee to be paid on conviction 813.021
Requirements for screening interview and treatment program 813.022
Proof of treatment 813.023
Alternative payment methods for screening interview or treatment program 813.025
Designation of agency to perform screening interview and treatment program 813.030
Amount of fee 813.040
Standards for determination of problem condition involving alcohol, inhalants or controlled substances 813.050
Out-of-service orders for operators of commercial motor vehicles 813.055
Civil penalty for violation of out-of-service order or notice 813.095
Offense of refusal to take a test for intoxicants 813.100
Implied consent to breath or blood test 813.110
Temporary permit upon confiscation of license 813.120
Police report to department 813.130
Rights of and consequences for person asked to take test 813.131
Implied consent to urine test 813.132
Consequences of refusing to take urine test 813.135
Implied consent to field sobriety tests 813.136
Consequence of refusal or failure to submit to field sobriety tests 813.140
Chemical test with consent 813.150
Chemical test at request of arrested person 813.160
Methods of conducting chemical analyses 813.170
Plea agreement prohibited 813.200
Notice of availability of diversion 813.210
Petition 813.215
Eligibility for diversion 813.220
Matters to be considered by court in determining to allow diversion agreement 813.222
Right of victim to be present at hearing 813.225
Petition for extension of diversion period 813.230
Diversion agreement 813.233
Exemption from completing treatment program in this state 813.235
Attendance at victim impact treatment session as condition of diversion 813.240
Amount and distribution of filing fee 813.245
Booking 813.250
Motion to dismiss charge on completion of diversion 813.252
Motion to dismiss charge when minimal fine amount remains 813.255
Termination of diversion 813.260
Designation of agencies to perform screening interviews 813.270
Intoxicated Driver Program Fund 813.300
Use of blood alcohol percentage as evidence 813.310
Refusal to take chemical test admissible as evidence 813.320
Effect of implied consent law on evidence 813.322
Department of State Police rules regarding breath tests as evidence 813.324
Use of testimony from implied consent hearing as evidence in prosecution 813.326
Felony driving while under the influence of intoxicants 813.328
Notice of intent to challenge validity of prior convictions 813.400
Suspension or revocation upon conviction 813.410
Suspension upon receipt of police report on implied consent test 813.412
Role of police officer in implied consent hearing 813.420
Duration of suspension for refusal or failure of test 813.430
Grounds for increase in duration of suspension 813.440
Grounds for hearing on validity of suspension 813.450
Appeal from suspension for refusal or failure of breath test 813.460
Department procedures upon verification of suspension of driving privileges of wrong person 813.470
Department notation on record of person acquitted after suspension 813.520
Limitations on authority to issue hardship permit or reinstate driving privileges 813.599
Definitions 813.600
Ignition interlock program 813.602
Circumstances under which ignition interlock device required 813.603
Waiver of costs of ignition interlock device 813.604
Notice of court order 813.606
Exception for employee otherwise required to have device 813.608
Knowingly furnishing motor vehicle without ignition interlock device 813.610
Soliciting another to blow into ignition interlock device 813.612
Unlawfully blowing into ignition interlock device 813.614
Tampering with ignition interlock device 813.616
Use of certain moneys to pay for ignition interlock program 813.620
Suspension of driving privileges for failing to provide proof of device installation or for tampering with device 813.630
Notice of ignition interlock device installation and negative reports 813.635
Consequence for negative reports generated from ignition interlock device 813.640
Additional treatment following negative reports 813.645
Motion to vacate requirement to install and use ignition interlock device 813.660
Service center and manufacturer’s representative certification 813.665
Criminal background check for technicians 813.670
Complaint process 813.680
Ignition Interlock Device Management Fund
Green check means up to date. Up to date

Current through early 2024

§ 813.136’s source at oregon​.gov