ORS 813.136¹
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)

1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­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