State v. Beltran-Chavez

DUNCAN, J. pro tempore

In this criminal case, defendant appeals a judgment convicting him of driving under the influence of intoxicants (DUII), ORS 813.010, and failing to perform the duties of a driver, ORS 811.700. Defendant assigns error to the trial court’s denial of his pretrial motion to prohibit the arresting deputy’s testimony that defendant “passed” or “failed” certain field sobriety tests (FSTs). Defendant argues that that testimony is scientific because it draws its convincing force from a scientific proposition, namely, that exhibiting a certain number of standardized “clues”…