State v. Brazil-Kay

The state appeals a pre-trial order suppressing the results of defendant’s breath test for blood alcohol. ORS 138.060(3). We reverse.

On March 2, 1994, at 1:45 a.m., Officer Senger of the West Linn Police Department stopped defendant’s vehicle for speeding. During the encounter, Senger detected a strong odor of alcohol coming from the vehicle. He also noticed that defendant’s eyes were red and watery and that her speech was thick and slurred. Senger asked defendant if she had been drinking, and she responded that she might have had “a couple.” Senger asked defendant to perform field sobriety…