State v. Rutherford

Defendant appeals his conviction for driving under the influence of intoxicants (DUII) and assigns error to the trial court’s denial of his motion to suppress the results of field sobriety tests and all evidence derived from them. Defendant argues that the officer who administered the tests did not determine that he had probable cause to arrest defendant for DUII before administering the tests and, as a consequence, that he lacked authority to administer them. We agree and reverse.

The trial court found the following facts. Oregon State Police Trooper Dyer was on duty patrolling the…