State v. Forrest

The state appeals from an order suppressing the results of field sobriety tests (FSTs) in a prosecution for driving under the influence of intoxicants (DUII), ORS 813.010, and from an ensuing order of dismissal. ORS 138.060. We conclude that there was objective probable cause to support defendant’s arrest for DUII that preceded the administration of the FSTs. State v. Nagel, 320 Or 24, 880 P2d 451 (1994). We further conclude that all of the FSTs administered here were “nontestimonial” for purposes of State v. Fish, 321 Or 48, 893 P2d 1023 (1995). Accordingly, we reverse and remand.

On review…