State v. Bloom

Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court’s denial of his motion to suppress the results of his breath test. We review for errors of law and are bound by the trial court’s findings of historical facts as long as there is constitutionally sufficient evidence in the record to support those findings. ORS 138.220; State v. Kimsey, 147 Or App 456, 459, 936 P2d 1030 (1997). We affirm.

The relevant facts are undisputed. A police officer arrested defendant on suspicion of DUII and took…