State v. Eskie

HASELTON, S. J.

Defendant appeals ajudgment convicting him of driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to, inter alia, the trial court’s admission of evidence that he refused to perform the Horizontal Gaze Nystagmus (HGN) field sobriety test (FST).1 Specifically, defendant asserts that, because the police failed to advise him, in accordance with ORS 813.135, that his refusal to perform nontestimonial FSTs would be admissible at trial pursuant to ORS 813.136, the court was obligated to exclude evidence of that refusal. The issue is novel, and its correct…