State v. Cuneo

In this DUII case, the state appeals a trial court order suppressing the results of defendant’s performance of field sobriety tests. Defendant first agreed to take the tests at the officer’s request. Before she did take the tests, the officer, following what at the time was standard practice in his department, gave her the statutory warnings provided in ORS 813.135. The trial court held that defendant’s original consent was voluntary but that it was possible that she might have changed her mind if she had not received the warnings. It therefore held that, under State v. Fish, 321 Or 48, 893…