State v. Rohrs

*496DE MUNIZ, J.

In this prosecution for driving under the influence of intoxicants (DUII), the state appeals from the trial court’s pretrial order suppressing evidence of defendant’s failure to submit to field sobriety tests. The arresting officer gave defendant a modified version of the statutory warning that his refusal or failure to submit to the tests could be used against him in court. The trial court held that the modification was insufficient to overcome the problems that the Supreme Court identified in State v. Fish, 321 Or 48, 893 P2d 1023 (1995). We affirm.

Officer Zbinden stopped…