Oregon DUII Field Sobriety Test Implied Consent

Under Oregon DUII law, a suspect must be given warnings about taking the field sobriety tests

Under Oregon's Implied consent law, a person who drives in OR is deemed to have consented to field sobriety testing.

An officer must tell a DUII suspect what will happen if they refuse to submit to the tests. They must be told before the test are given.

The Consequence of Refusing the Field Tests:

Essentially, the fact that the person either refused to take the tests or failed to take them is admissible into evidence in the DUII case (and in an Implied Consent refusal hearing). While this may sound like a bad thing, let's look at a few potential scenarios:

Scenario 1: You refuse the test. The prosecutor argues that you refused because you knew you were guilty and couldn't pass the test.

Scenario 2: You submit to the test and the prosecutor argues, through pseudo-scientific evidence, that your performance on the tests indicated that you were impaired.

Which scenario do you think is worse? Which is more explainable?

In Oregon DUII cases, when it comes to the field sobriety tests, you get to choose between two evils.

Oregon Field Sobriety Test Implied Consent Law

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 or a municipal ordinance. Before the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.136. [1989 c.576 §15]

813.136 Consequence of refusal or failure to submit to field sobriety tests. If a person refuses or fails to submit to field sobriety tests as required by ORS 813.135, evidence of the person's refusal or failure to 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]