State v. Ross

Defendant appeals from his conviction for driving while under the influence of intoxicants (DUII). ORS 813.010(1). He assigns error to the admission of the arresting officer’s testimony that his behavior was consistent with a .081 percent blood alcohol content (BAC) test result. We reverse.

After observing defendant’s car traveling at 72 miles per hour in a 55-mile-per-hour zone, Officer Wilcox stopped the vehicle. Wilcox asked defendant to step out of his vehicle and perform field sobriety tests. Defendant performed some of the tests correctly and failed others, including a Horizontal Gaze…