State v. Fugate

*645LANDAU, J.

Defendant was charged with driving while under the influence of intoxicants (DUII). ORS 813.010. The trial court granted defendant’s pretrial motion to suppress evidence of alcohol-related impairment, and the state appeals. The state contends that Senate Bill 936 (SB 936), although enacted by the 1997 Legislative Assembly after the trial court’s decision in this case, applies to this case and compels reversal. Defendant contends that the recently enacted legislation cannot be applied to this case on various constitutional grounds. We reject defendant’s constitutional contentions,…