are field sobriety tests required oregon
By focusing on these two tasks, the DUII Program continues to improve the detection, apprehension and prosecution of impaired drivers encountered by Oregon State Police troopers while on patrol. DUII Enforcement is a core function of the Oregon State Police Patrol Services Division. There are only 3 standardized field sobriety tests that are commonly given by law enforcement in Oregon. These are the Horizontal Gaze Nystagmus, Walk and Turn, and 1 Leg Stand. Horizontal Gaze Nystagmus, or HGN as it is commonly called, is considered by law enforcement to be the most reliable. After a DUI charge, the key is in determining whether or not the field sobriety tests as administered are valid evidence. These tests are usually used when a person is stopped on the suspicion of drinking and driving or if they've been signaled out at a DUI checkpoint. Probable Cause. If an officer suspects that you are under the influence of alcohol or other drugs, then the officer will likely ask you to voluntarily consent to several field sobriety tests. The administration of field sobriety tests constitute a search under the Oregon Constitution and The Constitution of the United States. The Oregon State Police DUII Program is dedicated to keeping Department members currently trained in Standardized Field Sobriety Tests to the standards established by the National Highway Traffic Safety Administration (NHTSA), and to keep them up to date on current case law related to DUII enforcement. Non-Standardized Field Sobriety Tests in Oregon. Non-Standardized Field Sobriety Tests are tests that are approved for testing, but that haven’t been standardized or validated by NHTSA. The Oregon Administrative Rules have codified non-standardized field sobriety tests under OAR 257-025-0000 through 257-025-0025. DUI Field Sobriety Tests. Unlike blood alcohol content (BAC) or other DUI tests, field sobriety tests are voluntary in most states. In many cases, you can decline to take one. You should be aware, however, that you may face penalties for refusing a test. Standardized Field Sobriety Tests in Oregon. These tests are also referred to as the “NHTSA SFSTs” because they have been standardized by the National Highway Traffic and Safety Administration (NHTSA). Horizontal Gaze Nystagmus Test in Oregon. The first test often given is the Horizontal Gaze Nystagmus test (HGN). The law in Oregon is clear: the performance of Field Sobriety Tests is akin to consenting to a search. Drivers have an absolute right to refuse Field Sobriety Tests. However, officers almost never tell drivers that they have this right.
Yes, the administration of field sobriety tests constitute a search under the Oregon Constitution.