State v. Romero

Defendant was charged with driving under the influence of intoxicants. ORS 487.540. Her pretrial motion to suppress the results of a chemical breath test was granted, and the state appeals. Defendant made no appearance in this appeal. We reverse.

The facts of the case are not in dispute. Defendant was stopped by an Oregon State Police officer at approximately 11:30 p.m. on June 28, 1980, after she was observed driving erratically. She was arrested and taken to the local patrol office, where a chemical breath test was to be administered. At the patrol office the officer informed defendant of…