State v. Fisher

Defendant appeals his conviction in a trial by jury for driving while under the influence of intoxicants. The sole assignment is that the court erred in denying his motion to suppress the results of a breathalyzer test. We affirm.

Defendant contends that ORS 487.545(1) limits the use of chemical breath test results to cases involving the operation of motor vehicles. He argues that he was not operating a motor vehicle and thus the test result was not admissible. The facts material to this issue are not disputed.

A police officer, who was standing near his police car at night, saw an automobile…