State v. Baxter

The defendant was arrested for driving under the influence of intoxicants, ORS 487.540. In a pretrial hearing, on defendant’s motion to suppress the results of a breathalyzer test administered to him, the court ruled the test results were not admissible. The ruling was based on the failure of the arresting officer to advise the defendant of the consequences of refusal under the Implied Consent Law. ORS 487.805; 482.540 to 482.560. The state appeals.

Following his arrest defendant was requested to take a breath test. In response, defendant asked if he was required to take the test. The officer…