You refuse to take a breath test when asked by an Oregon police officer who has stopped you on suspicion of DUII. What are the likely consequences?
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A.
Nothing happens because the test is voluntary.
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B.
A fine and/or suspension of your driving privileges. Correct
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C.
You can refuse the breath test and take a blood test instead without penalty.
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D.
You can refuse without penalty if you have a medical reason.
The answer is "A fine and/or suspension of your driving privileges."
Under Oregon's Implied Consent law, by driving a motor vehicle you have agreed that you will take a breath, blood, or urine test when asked by a police officer. If you refuse to take a test, you may receive a fine, and/or your driving privileges could be suspended.
The traps in the wrong answers
A. Nothing happens because the test is voluntary.
By driving in Oregon you have agreed to take a test; refusal carries its own penalties. Misreading: Treats the test as voluntary and ignores that the manual makes it obligatory under implied consent, with fines and suspension for refusal.
C. You can refuse the breath test and take a blood test instead without penalty.
The manual says the officer asks for a breath, blood, or urine test; you do not get to substitute a different test to avoid the penalty for refusal. Misreading: Misreads the manual's list of three possible tests as a menu the driver may pick from, when refusing the requested test still triggers a fine and/or suspension.
D. You can refuse without penalty if you have a medical reason.
The manual provides no medical exemption from implied consent; refusal still triggers a fine and/or suspension. Misreading: Invents a medical opt-out; the implied consent passage in the manual lists no medical exception to the fine and suspension.
This question tests your knowledge of DUI & Impaired Driving in Oregon. Source: Oregon Driver Manual, "Impaired Driving (Implied Consent)," p.83..
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