State v. Fisken

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. The issue is whether the trial court erred in allowing testimony as to the numeric value of defendant’s blood alcohol level, as indicated by the Horizontal Gaze Nystagmus (HGN) test. We reverse and remand for a new trial.

On May 8,1993, Oregon State Police Trooper Snook was patrolling Interstate 5 when he observed defendant’s vehicle drifting and weaving within its lane. The vehicle’s fluctuating speed and driving patterns led Snook to suspect that the driver of the vehicle was under the…