ORS 801.272¹
“Field sobriety test”

“Field sobriety test.” “Field sobriety test” means a physical or mental test, approved by the Department of State Police by rule after consultation with the Department of Public Safety Standards and Training, that enables a police officer or trier of fact to screen for or detect probable impairment from intoxicating liquor, cannabis, a controlled substance or an inhalant, or any combination of intoxicating liquor, cannabis, a controlled substance and an inhalant. [1989 c.576 §17; 1997 c.853 §60; 1999 c.619 §4; 2017 c.21 §74]

Notes of Decisions

Officer’s request that defendant rate his level of intoxica­tion on scale of 1-10 could not be characterized as field sobriety test. State v. Scott, 111 Or App 308, 826 P2d 71 (1992)

Performance of field sobriety test is not subject to proscrip­tion against compelled self-incrimina­tion because performance is not an act of communica­tion. State v. Scott, 111 Or App 308, 826 P2d 71 (1992)

Approval of field sobriety test method by Depart­ment of State Police rule does not es­tab­lish scientific reliability of test. State v. Scott, 121 Or App 308, 854 P2d 991 (1993), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 801—General Provisions and Definitions for Oregon Vehicle Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors801.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 801, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano801.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information