Or. Admin. R. 257-025-0010

Current through Register Vol. 63, No. 9, September 1, 2024

Section 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.

Or. Admin. R. 257-025-0010

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

Stat. Auth.: ORS 801.272

Stats. Implemented: ORS 801.272