Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 813.310

Refusal to take chemical test admissible as evidence

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      813.310 Refusal to take chemical test admissible as evidence. If a person refuses to physically submit to a chemical test under ORS 813.100 or 813.131, evidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was driving a motor vehicle on premises open to the public or the highways while under the influence of intoxicants. [1983 c.338 §595; 1985 c.16 §301; 2019 c.475 §8]

Notes of Decisions
Cited in 13 cases, 1988–2017 · leading case: State v. Moore
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State v. Moore (2013) or · cites it 7× “7 *504 Specifically, defendant argues that ORS 813.310, which provides that evidence of a person’s refusal to submit to chemical tests of his or her breath or blood is admissible in any civil or criminal action, violates those constitutional principles by expressly making the…”
State v. Spencer (1988) or · cites it 2× “See also ORS 813.310, which provides: "If a person refuses to submit to a chemical test under ORS 813.”
State v. Cabanilla (2012) or · cites it 3× “100(3)(a); evidence of the person’s refusal may be offered against the person, ORS 813.310; the person is not eligible for a hardship driving permit for at least 90 days, ORS 813.”
State v. MacHuca (2010) or “” At the same time, however, the legislature has imposed penalties for refusing the test, mandating longer license suspensions for refusing a test than for failing it, and permitting a refusal to be used as evidence against the person in a civil or criminal court proceeding.”
State v. Ritz (2017) or “See ORS 813.310 (“[E]vidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was driving a motor vehicle on premises open to the public or the highways while under the…”
State v. Ortiz (2005) orctapp “100, ORS 813.310, and ORS 813.410 to 813.440. Part of that law consists of what is known as a “zero tolerance” provision, laws that all states have adopted in one form or *700 another that prohibit underage drinking and driving.”
State v. Blanchard (2000) orctapp “He assigns error to the trial court’s instruction to the jury with respect to his refusal to submit to a breath test under ORS 813.310. We affirm. Many of the facts are undisputed.”
State v. Banks (2017) orctapp · cites it 3× “He contends that evidence of his refusal should have been suppressed because admission of that evidence, pursuant to ORS 813.310, 1 violated his right against self-incrimination under Article I, section 12, of the Oregon Constitution, 2 and his right to be free from unreasonable…”
State v. Gefre (1995) orctapp “The state argues that ORS 813.310 unambiguously permits evidence of a refusal to take a breath test to be admitted, without reference to whether its probative value is substantially outweighed by its prejudicial effect.”
Fitzpatrick v. Oregon Department of Transportation (2010) orctapp “ORS 813.100(3). In addition, the refusal may be admitted against the person in any criminal or civil action or proceeding arising out of allegations that the person was driving under the influence of intoxicants.”
State v. Ritz (2017) or “See ORS 813.310 (“[E]vidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was driving a motor vehicle on premises open to the public or the highways while under the…”
State v. Eskie (2016) orctapp “*** Therefore, the exclusionary clause implied by ORS 813.310 and ORS 813.320 (applicable to evidence of refusal to take a breath test, corresponding to ORS 813.”
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