State v. Woodruff

Defendant was arrested for DUII while riding a bicycle on U.S. Highway 97. A breath test was administered. The trial court granted defendant’s pretrial demurrer and motion to dismiss on the ground that bicyclists do not come under the DUII statute, former ORS 487.540. The trial court also granted defendant’s pretrial motion to suppress the results of the breath test on the ground that the Implied Consent Law, former ORS 487.805, 2 does not apply to bicyclists. The state appeals both orders. We reverse the order dismissing the complaint and affirm the suppression of the breath test results.

The…