Test case for Oregon implied consent law

By Steve Best Fri 11th November News
Date of Show: 
Fri 11th November

The Oregon Supreme Court is considering whether law enforcement officers are required to ensure that drunk driving suspects – even if they don’t speak English – understand what happens if they refuse to take a breath or blood test. Steve Best has more…

Under Oregon law, getting a driver’s license implies consent to such tests. Refusal to comply can lead to a fine and immediate loss of the license. The refusal can also be used as evidence in a drunk driving trial.

In a recent case in Eastern Oregon, a public defender says a Spanish speaker didn’t understand a warning in English about the consequences of a refusal so the refusal should not have been used in evidence.

The state argues that forcing officers to figure out if a suspect understands a warning complicates the arrest process.
 

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