State v. Schutte

Defendant appeals his conviction, after a jury trial, for driving under the influence of intoxicants (DUII). ORS 813.010. We affirm.

During the afternoon of November 9, 1992, defendant and his companion, Bollinger, were drinking at a tavern. Around 3:00 p.m., they got into a fight with some other patrons and soon after drove to defendant’s home. Officer Gregory followed defendant’s car from the tavern. At defendant’s home, Gregory spoke with defendant while another officer, Stone, spoke with Bollinger. 1 Gregory observed that defendant smelled strongly of alcohol and had slurred speech, bad…