State v. Van Nguyen

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. The state seeks reversal of a pretrial order suppressing the results of his breath test. We reverse and remand.

On September 3, 1989, Deputy Sheriff Brown arrested defendant for driving under the influence of intoxicants. After taking defendant into custody and before asking him to take the breath test, Brown read aloud the portion of the implied consent form that explains the consequences of refusing to submit to the test and the rights of a driver under arrest for driving under the influence of intoxicants.…