Winroth v. Driver & Motor Vehicle Services

I agree with the majority that Officer Pulicella did not subjectively believe that he had probable cause to arrest petitioner for DUII before administering the field sobriety tests. I write separately only to point out how recent cases have dramatically altered the investigation of DUII offenses.

Although the majority and dissent are fighting over what appears to be an overly fine point, recent cases have reduced the law of DUII to just such narrow issues. In the light of State v. Nagel, 320 Or 24, 880 P2d 451 (1994), and State v. Fish, 321 Or 48, 893 P2d 1023 (1995), Oregon courts…