State v. Lawrence

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He contends that the trial court erred by denying his motion to suppress the results of field sobriety tests and his responses to questions that the arresting officer asked after the officer stopped the tests. We reverse and remand.

Defendant was stopped for committing various traffic violations. When Officer Shawver approached defendant, he observed indicia of intoxication. He asked defendant to perform field sobriety tests and advised him that test failure or refusal to perform the tests…