State v. Anderson

In this prosecution for Boating under the Influence of Intoxicants, ORS 830.325, the state assigns error to the trial court’s pretrial suppression of evidence of all field sobriety tests administered to defendant. Because we agree with the state that the nontestimonial aspects of those tests were admissible, State v. Nielsen, 147 Or App 294, 936 P2d 374 (1997), we reverse the trial court’s ruling and remand.

While investigating the cause of the capsizing and sinking of defendant’s rented motor boat, police officers administered multiple field sobriety tests. Relying on State v. Fish, 321 Or…