State v. Miller

The sole issue in this case is whether defendant was entitled to receive Miranda-like warnings 1 before being asked to perform field sobriety tests in a DUII investigation. The trial judge ruled that defendant was so entitled, and entered an order suppressing evidence of defendant’s statements, field sobriety tests and breath test. The state appeals, ORS 138.060(3), and we reverse.

At approximately 1:00 a.m. on June 29,1995, an officer in a marked patrol car saw defendant leave a tavern and drive his motorcycle out of the parking lot. As defendant began traveling along the public road, his…