State v. Bilbro

Defendant was arrested on suspicion of boating under the influence of intoxicants (BUII), ORS 830.325, after he was found drifting down the Deschutes River in a non-motorized rubber raft under circumstances that led the arresting officer to believe that defendant was under the influence of marijuana. The officer asked defendant to submit to a urine test, and defendant refused. Defendant filed a pretrial motion to exclude evidence of his refusal. The trial court denied the motion. Evidence of defendant’s refusal was offered at his trial, and, in closing argument, the state contended that he…