If a person refuses or fails to physically submit to field sobriety tests as required by ORS § 813.135 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]

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Terms Used In Oregon Statutes 813.136

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

 

CHEMICAL TESTS; METHODS AND REQUIREMENTS

 

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