State v. Lyons

A jury convicted defendant of driving under the influence of intoxicants. ORS 813.010. The court suspended imposition of sentence and placed him on probation. Defendant contends that the court erred by denying his motion to suppress the result of a breath test, because the officer who gave him the test had not advised him of his rights regarding the test and the consequences of refusing to take it. We reverse.

Early one morning, Russell heard squealing tires and a loud bang. He ran out of his house and saw defendant’s car in the middle of the street. Defendant was standing near the front of…