2015 ORS 813.095¹
Offense of refusal to take a test for intoxicants
  • penalty

(1) A person commits the offense of refusal to take a test for intoxicants if the person refuses to:

(a) 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); or

(b) Take a urine test when requested to do so in accordance with the provisions of ORS 813.131 (Implied consent to urine test) and 813.132 (Consequences of refusing to take urine test).

(2) The offense described in this section, refusal to take a test for intoxicants, is a specific fine traffic violation. The presumptive fine for refusal to take a test for intoxicants is $650. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. [2003 c.814 §2; 2009 c.614 §1; 2011 c.597 §102]

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/­ors813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.