State v. West

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII). We write to address several of defendant’s assignments of error that dérive from the state’s failure to call as a witness the officer who administered defendant’s field sobriety tests (FSTs). We affirm.

On February 17, 1994, Officer Coon arrested defendant for DUII. Subsequently, Officer Slusarczyk administered FSTs to defendant,1 and Coon observed those tests. Slusarczyk did not testify at trial, and the state offered Coon’s testimony with regard to defendant’s performance on the FSTs. The…