State v. Gardner

In this driving under the influence of intoxicants (DUII) case, the trial court suppressed a statement by defendant that she would refuse to take a breath test because, having consumed two glasses of wine, she feared that she would not pass. According to the trial court, defendant’s statements were inadmissible because police officers did not give her Miranda warnings. The state appeals. ORS 138.060(l)(c). Defendant cross-appeals, arguing that police did not have probable cause to arrest her. We reverse and remand on appeal and affirm on cross-appeal.

The facts are not in dispute. Officer May,…