Driving Under the Influence of Intoxicants

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]

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)


Last accessed
Jun. 26, 2021