Testing and evidence
Implied consent and refusal in Oregon
The test requested, legal grounds and applicable statute matter.
Implied-consent laws connect driving and chemical testing under specified legal conditions. The test requested and the officer’s legal grounds matter. The source-checked rules available for Oregon appear below. A missing suspension figure is not a statement that refusal has no consequences. Check the applicable notice and official provision.
What a refusal does in Oregon
- Suspension length after a refusal
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Other consequences of refusing
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.Whether a refusal is separately chargeable, and whether it can be used as evidence, varies by state.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Roadside tests and chemical tests are different things
Identify what was requested: a field sobriety exercise, a roadside screening test, or a chemical test of breath, blood or urine. Do not assume the same refusal rule applies to all of them. The relevant statute, any warrant, and the circumstances of the request determine the legal question for a lawyer to review.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- The department must receive the request within 10 days from arrest; for a failed blood test, within 10 days from the date the department sends the suspension notice.
- These are the ordinary request periods under ORS 813.410(4), which uses receipt by the department, not merely mailing the request.
- The failed-blood-test branch runs from the date the department sends the suspension notice, not the date the person receives it. The other branch runs from arrest.
- These are administrative suspension hearing-request deadlines, not the deadline for appealing a final hearing order.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- After a refusal
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.