State v. Riddle

RICHARDSON, S. J.

In this driving under the influence of intoxicants (DUII) case, the state appeals a pretrial order suppressing the results of field sobriety tests (FSTs) and an Intoxilyzer test. The state contends that defendant’s right against self-compelled testimony under Article I, section 12, of the Oregon Constitution does not compel exclusion of the FSTs, nor does her right to consult with counsel under Article I, section 11, of the Oregon Constitution compel exclusion of the breath test results. We reverse in part and affirm in part.

On February 24, 1995, Oregon State Police Trooper…