State v. Banks

SERCOMBE, S. J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, reckless driving, ORS 811.140, and second-degree criminal mischief, ORS 164.354. Defendant assigns error to the trial court’s denial of his motion to suppress evidence of his refusal to consent to a breath test of his blood alcohol content (BAC) that police requested pursuant to the “implied consent law.” See ORS 813.100(1) (“Any person who operates a motor vehicle upon premises open to the public or the highways of this state shall be deemed to have given consent,…