State v. Miller

Defendant appeals his conviction for one count of driving under the influence of intoxicants (DUII) ORS 813.010. Defendant had moved to suppress evidence, contending that the arresting officer lacked probable cause to believe that defendant was driving under the influence at the time that the officer ordered defendant to participate in field sobriety tests. The trial court denied defendant’s motion. We review for errors of law. State v. Koroteev, 222 Or App 596, 600, 194 P3d 842 (2008). In reviewing the denial of the motion to suppress, we are bound by the trial court’s findings of historical…