Or. Admin. R. 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.

Notes

Or. Admin. R. 257-025-0012

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