2007 ORS 813.095¹
Offense of refusal to take a breath test
  • penalty

(1) A person commits the offense of refusal to take a breath test if the person refuses to take a breath test when requested to do so in accordance with the provisions of ORS 813.100 (Implied consent to breath or blood test).

(2) The offense described in this section, refusal to take a breath test, is a traffic offense punishable by a fine of at least $500 and not more than $1,000. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a breath test. [2003 c.814 §2]

Notes of Decisions

Viola­tion pro­ceed­ing for refusal to take breath test is not crim­i­nal in nature for purposes of double jeopardy pro­vi­sion of sec­tion 12, Article I of Oregon Constitu­tion. State v. Roeder, 209 Or App 199, 147 P3d 363 (2006), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­813.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­813ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.