State v. Trenary

Persons stopped on suspicion of driving under the influence of intoxicants (DUII) often are requested by police officers to perform “field sobriety tests.” ORS 813.135 states that, “[bjefore the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests.” In this case, the arresting officer asked defendant to perform field sobriety tests but failed to inform defendant of the consequences of refusing. Defendant nonetheless performed the tests. Following the denial of his motion to suppress the test…