Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF OREGON STATE POLICE

 

DIVISION 25

FIELD SOBRIETY TESTS

 

257-025-0000

Statement of Purpose

The purpose of these rules is to implement and interpret ORS Chapters 801 and 813 with regard to field sobriety tests. The Department of State Police is empowered to make rules interpreting and implementing the described statutes. It is intended by these rules to standardize field sobriety tests throughout the state.

Stat. Auth.: ORS 801.272
Stats. Implemented: ORS 801.272 & ORS 813.135
Hist.: OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90; OSP 4-1996, f. & cert. ef. 7-16-96; OSP 5-1996(Temp) f. & cert. ef. 12-20-96; OSP 2-1997, f. & cert. ef. 5-22-97

 

257-025-0005

General Requirements of ORS 801.272

ORS 801.272 generally provides that the Oregon State Police approve by rule, after consultation with the Board on Public Safety Standards and Training (BPSST), physical and/or mental tests that enable a police officer or trier of fact to screen for or detect evidence of physical condition that indicates probable impairment from intoxicating liquor, a controlled substance or a combination of intoxicating liquor and controlled substance. Tests meeting the requirements of ORS 801.272 are defined as field sobriety tests and are listed and described in OAR 257-025-0012 and OAR 257-025-0020.

Stat. Auth.: ORS 801.272
Stats. Implemented: ORS 801.272
Hist.: OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90; OSP 4-1992, f. & cert. ef. 12-16-92; OSP 4-1996, f. & cert. ef. 7-16-96

257-025-0010

Acts, Signs, and Symptoms of Intoxicant Impairment

The following acts, signs or symptoms are, typically, present in circumstances of intoxicant impairment. They are not field sobriety tests. A police officer may testify to their presence at any proceeding, criminal or civil, resulting from a DUII (driving under the influence of intoxicants) arrest. These acts, signs and symptoms include, but are not limited to:

(1) Difficulty in walking or unusual walking.

(2) Difficulty standing.

(3) Difficulty following directions.

(4) Odor of alcoholic beverage on the breath

(5) Flushed or pale appearance.

(6) Speech difficulties or unusual speech patterns.

(7) Disorderly or unusual conduct or demeanor.

(8) Lack of muscular coordination or muscular tremors.

(9) Evidence of mental disturbance.

(10) Visual disorders or difficulties.

(11) Sleepiness or drowsiness.

(12) Dizziness.

(13) Nausea or vomiting.

(14) Mood swings.

(15) Difficultly with divided attention.

(16) Bloodshot and/or watery and/or glassy eyes.

Stat. Auth.: ORS 801.272
Stats. Implemented: ORS 801.272
Hist.: OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90; OSP 4-1996, f. & cert. ef. 7-16-96; OSP 5-1996(Temp) f. & cert. ef. 12-20-96; OSP 2-1997, f. & cert. ef. 5-22-97

257-025-0012

Approved Field Sobriety Tests

(1) The following "field sobriety tests", as that phrase is defined by ORS. 801.272, are approved by the Department of State Police, after consultation with the Board on Public Safety Standards and Training (BPSST), for use by sworn police officers:

(a) Horizontal Gaze Nystagmus (HGN);

(b) Walk and turn test;

(c) One Leg Stand;

(d) Modified Finger to Nose Test;

(e) Finger Count;

(f) Alphabet;

(g) Counting;

(h) Internal Clock;

(i) Romberg Balance Test.

(2) The following additional approved tests may be performed by police officers who have completed the 8-hour "Drugs That Impair Driving" curriculum:

(a) Lack of Convergence Test;

(b) Pupil Size Estimation;

(c) Pulse Rate Examination.

(3) Officers trained and approved by the Oregon State Police as a Drug Recognition Expert (DRE) may utilize any of the above listed tests plus the following approved tests which are only included in the DRE training. Tests which may be utilized upon successful completion of the 72-hours of DRE training include:

(a) Physical examination tests including the following: the person's vital signs (pulse, temperature and blood pressure); the person's psychophysical responses (coordination of mind and body); signs of administration of drugs (injection sites, etc.); eye responses (horizontal/vertical gaze nystagmus, eye convergence, pupil size under varying light intensities); and physical and behavioral characteristics (muscle rigidity or flaccidity, hyperactivity, etc.).

(4) These rules are necessary for the implementation of ORS 801.272. No stop, arrest, civil or criminal proceeding commenced prior to the effective date of these rules is affected by the requirements of these rules.

Stat. Auth.: ORS 801.272
Stats. Implemented: ORS 801.272
Hist.: OSP 4-1996, f. & cert. ef. 7-16-96; OSP 5-1996(Temp) f. & cert. ef. 12-20-96; OSP 2-1997, f. & cert. ef. 5-22-97

257-025-0020

Conducting Approved Field Sobriety Tests

(1) Nothing in this rule prohibits the police officer from providing additional information to the person asked or requested to take the field sobriety tests that the officer considers convenient or appropriate. By way of example, but not limitation, the officer may orally describe some or all of the tests intended to be administered. Prior to the administration of each field sobriety test, the officer shall generally explain the field sobriety test to the person requested to take the test. The field sobriety tests shall be administered substantially as described below. Each field sobriety test, as described below, is specifically found to meet the requirements of ORS 801.272:

(a) Horizontal Gaze Nystagmus: The police officer must have received training in the administration of the Horizontal Gaze Nystagmus (HGN) test by the Oregon State Police, BPSST, or other governmental entity prior to its administration under this rule. The officer shall use a stimulus (such as a finger, pencil or penlight) held vertically in front of the person's face approximately 12 to 15 inches away from the person's face. The person tested must hold their head still. The officer, during the administration of the testing procedures, should conduct the testing procedures in the order listed unless circumstances or conditions dictate otherwise:

(A) The officer shall move the stimulus from the center of the face to the side, checking for the lack of smooth pursuit of the eyes as they track the stimulus;

(B) The officer shall check for distinct nystagmus at the maximum deviation of each eye;

(C) The officer shall check for the onset of nystagmus prior to 45 degrees in each eye.

(b) Walk and Turn Test: The officer will instruct the person, while standing, to place the person's left foot on a line (if no line is available, use a general direction for the person to walk an imaginary line) then place the right foot on the line with the heel of that foot ahead of the toes of the left foot. Instruct the person to take nine steps down the line, keeping arms at sides, looking at feet, and counting each step while walking heel-to-toe. Instruct the person how to turn (at the discretion of the officer) and to walk back in the same manner previously described. Generally demonstrate the test.

(c) One Leg Stand: Instruct the person to stand straight with the person's feet together and arms at the sides. Instruct the person to raise one foot approximately six inches off the ground while looking at the foot, and to count "1001, 1002, 1003," etc., until told to stop by the officer. The officer will then time the person for thirty seconds. The person will count 1001, 1002, 1003, etc., until told to stop by the officer. The officer may conduct the same test with the other foot. Generally demonstrate the test.

(d) Romberg Balance Test:

(A) Instruct the person to stand straight with feet together with arms at the person's sides.

(B) While standing as described above, instruct the person to tilt their head backward, close their eyes and estimate the passage of thirty seconds before opening their eyes again. Generally demonstrate the test.

(e) Modified Finger to Nose Test: Instruct the person to stand straight with heels together, eyes closed, arms at sides, and head tilted back. Instruct the person to touch the end of the person's nose with end of the index finger by bringing the person's arm and hand from the person's side directly to the end of the nose. Have the person repeat for the other index finger and repeat the test in the same manner, if deemed appropriate. Generally demonstrate the test.

(f) Finger count: Have the person hold a hand out and touch each of the four fingers with the thumb of that hand and count 1-2-3-4, 4-3-2-1,or any other order deemed appropriate by the officer. Generally demonstrate the test.

(g) Alphabet: Have the person say the alphabet or any portion of the alphabet the officer may choose. This test may be used as part of the Romberg test.

(h) Counting: Have the person count any length of numbers, forward or backward, as the officer may require. This test may be used as part of the Romberg test.

(i) Internal Clock: Ask the person to tell you when 30 seconds has elapsed. Time the person's estimation.

(2) Pursuant to OAR 257-025-0012 a police officer may administer any, all, or none of the field sobriety tests described in this rule as deemed appropriate in the sole discretion of the police officer.

Stat. Auth.: ORS 801.272
Stats. Implemented: ORS 801.272
Hist.: OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90; OSP 4-1992, f. & cert. ef. 12-16-92; OSP 4-1996, f. & cert. ef. 7-16-96; OSP 5-1996(Temp) f. & cert. ef. 12-20-96; OSP 2-1997, f. & cert. ef. 5-22-97

257-025-0025

Effective Date

These rules take effect upon filing.

Stat. Auth.: ORS 801.272
Stats. Implemented: ORS 801.272
Hist.: OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90; OSP 4-1996, f. & cert. ef. 7-16-96, OSP 5-1996(Temp) f. & cert. ef. 12-20-96; OSP 2-1997, f. & cert. ef. 5-22-97

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​