State v. Hays

Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010(4). Defendant contends that the trial court erred in failing to suppress evidence of a chemical breath test of intoxication, arguing that his consent to take that test was unlawfully obtained. We affirm the judgment because the evidence of the breath test is admissible even if defendant’s consent resulted from unlawful police actions.

We review the denial of a motion to suppress for errors of law and are bound by the trial court’s factual findings that are supported by…