State v. Cabanilla

Under ORS 813.100, the statute is satisfied if the officer informs the driver of the rights and consequences of refusing a breath or blood test in English, even if he is primarily a Spanish speaker.

Defendant appeals the trial court’s refusal to suppress evidence. The Defendant was arrested for DUII after overturning his vehicle in an onion field. On appeal, Defendant contended that the police did not inform him as required by ORS 813.100 of the consequences of refusing to take a breath test because he was primarily a Spanish language speaker. Therefore, the evidence was inadmissible against him. Under ORS 813.100, the statute is satisfied if the officer informs the driver of the rights and consequences of refusing a breath or blood test in English, even if he is primarily a Spanish speaker. Additionally, the Court found that the driver had already consented to take a blood or breath chemical test because of the informed consent laws. Refusal to take a blood or breath test does not give the driver the right to decide whether to take the test, but only the right to forbid the use of physical force to take the test. In this case, the officer complied with the statute and the evidence was admissible against the Defendant. Affirmed.