State v. Gainer

Defendant appeals her conviction for driving while under the influence of intoxicants, contending that the trial court erred in denying her pretrial motion to suppress certain statements made by her at the scene of the investigation and before she was advised of her Miranda rights. She also contends that former ORS 487.540(1)(a), making it unlawful for a person with a .10 percent blood-alcohol reading to drive, is unconstitutionally vague. We affirm.

On February 17, 1982, at approximately 2:05 a.m., defendant was driving northbound on Interstate 5 north of Grants Pass, when she was stopped by…