State v. Andes

Defendant is charged with driving while under the influence of intoxicants (DUII). ORS 813.010. Before trial, he moved to suppress the Intoxilyzer test result obtained from him after his arrest, and the trial court allowed his motion. The state appeals. We reverse and remand.

In reviewing an order resolving a motion to suppress, we are bound by the trial court’s findings of historical fact if they are supported by the evidence in the record. We determine whether the trial court applied the proper legal principles to those findings and reached a correct legal conclusion. Ball v. Gladden, 250 Or…