Can a person refuse to take a sobriety test if they are stopped by a police officer?
In Oregon, a person can refuse to take a sobriety test if they are stopped by a police officer. According to Oregon law, while a police officer may request that a driver take a sobriety test, the driver can deny this request. This is different than some states where it is illegal to refuse a sobriety test. However, the refusal to take a sobriety test comes with consequences. When a person refuses to take a sobriety test, it can still be used as evidence against them in a court of law. This means that if a prosecutor shows that a driver was impaired and evidence supports that the driver refused a sobriety test, the courts may use this as an argument for conviction for a DUI/DWI charge. Therefore, refusals of sobriety tests can be used against drivers in a court of law. Refusal of a sobriety test does not guarantee that an individual will not be found guilty of a DUI/DWI offense, and the individual could still be convicted of the offense. Drivers should be aware that refusing a sobriety test could still result in a DUI/DWI conviction.
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