State v. Fish

*50UNIS, J.

On May 24, 1990, defendant was driving his Ford Bronco southbound on a public highway in Clackamas County. A deputy sheriff, who was driving in the opposite lane of travel from defendant, observed defendant’s vehicle swerve. The deputy turned around and signaled defendant to pull his vehicle to the side of the road. When the deputy approached defendant’s vehicle, he smelled alcohol, saw that defendant’s eyes were “bloodshot and watery,” and noticed a can of beer on the floor of the vehicle next to the driver’s seat. Defendant told the deputy that he had consumed “three beers.” The…