Home > Uncategorized > Case Law Review: Understanding Implied Consent

Case Law Review: Understanding Implied Consent

The Oregon Supreme Court recently held that the suspension for refusing a breath test cannot be suppressed simply because a defendant cannot understand what is being read to them under the Implied Consent laws. In State vs. Jose Nunez Cabanilla (March 1, 2012), the Defendant (a non-English speaker) was arrested for DUII and read the implied consent provisions. After refusing, the Defendant moved to suppress the refusal. The court held that under the law, “a driver has already consented to the test. The driver cannot legally refuse….when a driver is asked to take a breath test, his or her only decision is whether to physically refuse.”

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