State v. Lowe

In this driving under the influence of intoxicants (DUII) case, the state appeals from pretrial orders suppressing evidence of defendant’s performance on field sobriety tests and the results of an Intoxilyzer test. ORS 138.060(3). The narrow question before us is whether defendant consented to the field sobriety tests. The trial court concluded that he did not. We affirm.

At approximately 1:00 p.m. on September 7, 1994, while on uniformed patrol duty in a marked patrol car, Deschutes County Deputy Sheriff Penzenik saw defendant’s car make a right turn at an intersection and noticed that, as it…