Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 801.272

“Field sobriety test.”

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      801.272 “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 an intoxicant or a combination of intoxicants. [1989 c.576 §17; 1997 c.853 §60; 1999 c.619 §4; 2017 c.21 §74; 2021 c.253 §1; 2023 c.498 §7]

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1992–2024 · leading case: State v. O'Key
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State v. O'Key (1995) or · cites it 6× “The state contends that HGN test evidence need not comply with that standard, because the legislature, by ORS 801.272 (see above, note 1), has delegated to the Oregon State Police (OSP) the authority to approve field sobriety tests and that, pursuant to that authority, the OSP…”
State v. Fish (1995) or · cites it 4× “See ORS 801.272 (field sobriety test is "a physical or mental test * * * that enables a police officer or trier of fact to screen for or detect probable impairment from intoxicating liquor, a controlled substance or a combination of intoxicating liquor and a controlled…”
State v. Ortiz (2024) or · cites it 2× “We also noted that the legislature had defined “field sobriety test” in ORS 801.272 as “a means of detecting impairment.”
State v. Scott (1993) orctapp · cites it 14× “135 and in ORS 801.272 in support of its proposition that the legislature, subsequent to our decision in <a href="/opinion/1154256/state-v-reed/" aria-description="Citation for case: State v.”
State v. Mazzola (2015) or · cites it 2× “Consistently with that rationale, ORS 801.272 defines “field sobriety test” as: “[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…”
State v. Balderson (1996) orctapp · cites it 4× “The state contended that the test was admissible because the legislature had delegated authority to OSP in ORS 801.272 to decide what tests fell within the definition of a field sobriety test.”
State v. O'KEY (1993) orctapp · cites it 4× “Regarding the general acceptance of the HGN test as an indicator of whether a driver is impaired, the Department of State Police has determined that the HGN test qualifies as a "field sobriety test" within the meaning of ORS 801.272, in that it "enables a police officer or trier…”
State v. McFarland (2008) orctapp · cites it 3× “ORS 801.272 provides: “ ‘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 *570 Safety Standards and Training, that enables a police officer or trier of fact to screen for or…”
State v. Lawrence (1992) orctapp · cites it 2× “See ORS 801.272; OAR 257-25-020. 4 We do not agree with defendant that, when a motorist is advised of the consequences of refusing to perform field sobriety tests, he must also be told that he “has the right to remain silent.”
State v. Dill (1994) orctapp · cites it 4× “ORS 801.272 defines "field sobriety test" as "a physical or mental test, approved by the Department of State Police by rule after consultation with the Board on Public Safety Standards and Training, that enables a police officer or trier of fact to screen for or detect probable…”
State v. Trenary (1993) or “1 ORS 801.272 defines “field sobriety test” as “a physical or mental test, approved by the Department of State Police by rule after consultation with the Board on Public Safety Standards and Training, that enables a police officer or trier of fact to screen'for or detect…”
State v. Rohrs (1998) orctapp · cites it 2× “ORS 801.272. In August 1996, when Zbinden arrested defendant, the version of OAR XXX-XXX-XXXX in effect [1] listed nine approved field sobriety tests; those nine, thus, were the only tests that Zbinden could have used.”
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