Oregon Supreme Court 3-1-12
From OCDLA Library of Defense
by: Mwitt • March 9, 2012 • no comments
Breath Test Refusal Admissible at Trial Even if Warnings Aren't Understood.
When arrested for DUII, a defendant is properly "informed" of the consequences of refusal to take a breath test if the arresting officer complies with the requirement to read the rights and consequences substantially as set out in ORS 813.130. Here, even though the defendant had a "weak" command of the English language and the officer "noticed a language barrier in his communication with the defendant," the defendant's refusal was admissible. The state does not have to establish that the defendant fully understood the information.
