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Oregon Revised Statutes

Or. Rev. Stat. § 813.136 (2026)

Consequence of refusal or failure to submit to field sobriety tests

✓ current as of May 2026
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      813.136 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 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]

 

CHEMICAL TESTS; METHODS AND REQUIREMENTS

Notes of Decisions
Cited in 45 cases (2 in the last 5 years), 1992–2025 · leading case: State v. Fish, 893 P.2d 1023 (Or. 1995).
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State v. Fish, 893 P.2d 1023 (Or. 1995). · cites it 44× “135 and ORS 813.136 and that, therefore, evidence of defendant's refusal to perform field sobriety tests should be suppressed.”
State v. Trenary, 836 P.2d 739 (Or. Ct. App. 1992). · cites it 16× “135 provides, in part: "Before [field sobriety] tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.136." ORS 813.136 provides: "If a person refuses or fails to…”
State v. Nagel, 880 P.2d 451 (Or. 1994). · cites it 4× “[1] See ORS 813.136 (if a person refuses or fails to submit to field sobriety tests as required by ORS 813.”
Winroth v. Driver & Motor Veh. Servs., 915 P.2d 991 (Or. Ct. App. 1996). · cites it 14× “135 and ORS 813.136 [4] to the "Implied Consent Law.”
State v. Cabanilla, 273 P.3d 125 (Or. 2012). · cites it 6× “135 provides that a driver is deemed to have consented to submit to field sobriety tests, but “[blefore the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS…”
State v. Mazzola, 345 P.3d 424 (Or. 2015). · cites it 3× “Before the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.”
State v. Rohrs, 970 P.2d 262 (Or. Ct. App. 1998). · cites it 8× “Before the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.136." ORS 813.136 establishes the consequences of refusing or failing to submit to the tests: "If a…”
State v. Trenary, 850 P.2d 356 (Or. 1993). · cites it 3× “Before the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.136.” ORS 813.136 provides: “If a person refuses or fails to submit to field sobriety tests as…”
State v. Lawrence, 843 P.2d 488 (Or. Ct. App. 1992). · cites it 5× “ORS 813.136; State v. Fish, 115 Or App 609, 612-13 , 839 P2d 278 (1992).”
State v. Hamilton, 543 P.3d 704 (Or. Ct. App. 2024). · cites it 2× “e upon premises open to the public or the highways of the state shall be deemed to have given consent to submit to field sobriety tests upon the request of a police officer for the purpose of determining if the person is under the influence of intoxicants if the police officer…”
State v. Scott, 854 P.2d 991 (Or. Ct. App. 1993). · cites it 6× “Here, the provisions of ORS 813.135 and ORS 813.136 are not implicated, because defendant did not refuse to take the test.”
State v. Maddux, 925 P.2d 124 (Or. Ct. App. 1996). · cites it 3× “135 and ORS 813.136, that if he refused to submit to the field sobriety tests, that “ ‘evidence of the *38 refusal or failure is admissible in any criminal or civil action or proceeding arising out of the allegation that you were driving under the influence of intoxicants.”
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