State v. Scott

Defendant appeals his convictions for driving while suspended, ORS 811.182, and driving while under the influence of intoxicants. ORS 813.010. He seeks suppression of his refusal to take a breath test and his performance on various field sobriety tests.

The facts are undisputed. State police officer Mazour stopped defendant’s vehicle for a traffic infraction. When he approached defendant, who was driving, Mazour smelled a strong odor of alcohol and noted that defendant “was visibly intoxicated.” Defendant said that he had consumed “about three beers.” He could not provide a valid driver’s…