State v. Whitehead

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals a pretrial order suppressing statements made by defendant during the field sobriety tests. We reverse and remand.

At 1:40 a.m. on January 23, 1992, defendant was lawfully stopped by officer Zerzan. During that encounter, Zerzan reasonably suspected that defendant had committed the crime of DUII. Zerzan provided defendant with the warnings required by Oregon’s Implied Consent Law, ORS 813.135 1 and 813.136, 2 and gave “Miranda” warnings. He asked defendant how much he had had to drink…