Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 813.136

Consequence of refusal or failure to submit to field sobriety tests

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      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 42 cases (2 in the last 5 years), 1992–2025 · leading case: State v. Fish
Sort: Relevance Newest Treatment
State v. Fish (1995) or · 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 (1992) orctapp · 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 (1994) or · 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 Vehicle Services (1996) orctapp · cites it 14× “135 and ORS 813.136 [4] to the "Implied Consent Law.”
State v. Cabanilla (2012) or · 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 (2015) or · 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.” *821 ORS 813.”
State v. Rohrs (1998) orctapp · 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 (1993) or · 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.”
State v. Lawrence (1992) orctapp · cites it 5× “ORS 813.136; State v. Fish, <a href="/opinion/1190365/state-v-fish/#612" aria-description="Citation for case: State v.”
State v. Hamilton (2024) orctapp · cites it 2× “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.” 268 State v.”
State v. Scott (1993) orctapp · cites it 6× “) The text of ORS 813.136 provides that if a person refuses to submit to a field sobriety test, then evidence of the refusal is admissible in a proceeding arising out of allegations that the person was driving while under the influence of intoxicants.”
State v. Maddux (1996) orctapp · 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.”
State v. Scott (1992) orctapp · cites it 3× “” See ORS 813.136. Mazour then administered several field sobriety tests, including a one-leg stand while counting to 30, the alphabet, counting backwards and a walk and turn test.”
State v. Adame (2014) orctapp · cites it 6× “135 provides that, “[b]efore 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.” (Emphasis added.”
State v. Nielsen (1997) orctapp · cites it 2× “[3] ORS 813.136 provides that if a person refuses to submit to field sobriety tests as required by ORS 813.”
State v. Dill (1994) orctapp · cites it 4× “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. Forrest (2001) orctapp · cites it 2× “ORS 813.136. Defendant then performed, and failed, each of those tests.”
State v. Whitehead (1993) orctapp · cites it 2× “Before the tests are administered, the person requested to take the test shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.136.” 2 ORS 813.”
State v. Chambers (1997) orctapp · cites it 2× “135 provides, in part: “Before the [field sobriety] tests are administered, the person shall be informed of the consequences of refusing to take or failing to submit to the tests under ORS 813.136.” 2 ORS 813.”
State v. Brazil-Kay (1995) orctapp · cites it 2× “Senger advised defendant of the statutory consequences of refusing to perform field sobriety tests, ORS 813.136, 1 and then asked her again if she would perform the tests.”
State v. Ashley (1995) orctapp · cites it 2× “” After Hoffman advised defendant of the statutory consequences of refusing to perform field sobriety tests, ORS 813.136, 1 in response to Hoffman’s request, defendant tried the one leg stand test, but was unable to hold his leg up to the required count of 30.”
State v. Harrison (1993) orctapp · cites it 2× “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.”
State v. Lowe (1996) orctapp “135; ORS 813.136. Penzenik testified that defendant did not object to taking the tests or refuse to take them.”
State v. Stroup (1997) orctapp “135 and ORS 813.136 provide in substance that any person who operates a vehicle on a public highway is deemed to have given consent to the administration of field sobriety tests and that a refusal to submit to field sobriety tests is admissible in a subsequent court proceeding…”
State v. Wischnofske (1994) orctapp “The trial court made the following findings of fact: “Defendant testified at the omnibus hearing and did not indicate that he had forgotten the officer’s earlier advise [sic] regarding ORS 813.136 or forgotten that he could decline to perform field sobriety tests and that…”
State v. Spicer (1997) orctapp · cites it 2× “…several field sobriety tests and advised him that his refusal or failure to do so could be used against him in court. ORS 813.136. 3 Defendant complied. Defendant first performed the Horizontal Gaze Nystagmus (HGN) test, 4 in which th”
State v. Prickett (1995) orctapp “135 and ORS 813.136. The defendant in <a href="/opinion/1392390/state-v-fish/" aria-description="Citation for case: State v.”
State v. Fish (1992) orctapp · cites it 6× “1 The trial court allowed the motion on both grounds: “[T]he Court is of the opinion that the advice by the officer of rights under ORS 813.136 was not in accordance with the Statute, was not adequate to advise the defendant.”
State v. Schaffer (1992) orctapp “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.””
State v. Ramos (1997) orctapp “135 and ORS 813.136, of the consequences of refusing to take the tests.”
State v. Eskie (2016) orctapp · cites it 19× “135, that his refusal to perform nontestimonial FSTs would be admissible at trial pursuant to ORS 813.136, the court was obligated to exclude evidence of that refusal.”
State v. Greenough (2007) orctapp “Similarly, under ORS 813.136, evidence of a refusal to submit to field sobriety tests “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.”
State v. Miller (1997) orctapp “]”); ORS 813.136 (refusal or failure to submit to field sobriety tests “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”); State v.”
State v. Demus (1996) orctapp · cites it 2× “135 to ORS 813.136 (requiring officer to inform driver that refusal to submit to field sobriety tests is admissible into evidence in any civil or criminal proceeding).”
Walls v. Driver & Motor Vehicle Services (1998) orctapp · cites it 2× “See ORS 813.136. Janzen administered four field sobriety tests, all of which indicated to Janzen that Walls was under the influence of alcohol.”
State v. Stills (2019) orctapp “135 and ORS 813.136, inform him of the consequences of refusing to perform the FSTs; and (3) his refusal was an assertion of his right under Article I, section 9, of the Oregon Constitution to refuse consent to a warrantless search and must be suppressed.”
State v. Tschida (2025) orctapp · cites it 4× “135 and ORS 813.136, [the deputy’s] failure to advise defendant of the consequences of his refusal rendered his refusal inadmissi- ble.”
State v. Kimsey (1997) orctapp “” ORS 813.136 provides that, if a person refuses or fails to submit to a field sobriety test, “evidence of the person’s refusal or *459 failure to submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was driving while…”
State v. Mourlas (1993) orctapp “Rhodes advised defendant of the consequences of failing or refusing to take field sobriety tests pursuant to ORS 813.136 and then administered the tests.”
State v. Mazzola (2015) or · 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.” Cite as <a href="/opinion/2784275/state-v-mazzola/" aria-description="Citation for case:…”
State v. Greenough (1996) orctapp · cites it 4×
State v. Barker (1994) orctapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.