State v. Swarengin

Defendant was convicted in the district court and, following trial de novo, in the circuit court of driving a motor vehicle with more than .15 percent alcohol in his blood in violation of ORS 483.999(1). ①

On appeal defendant contends that it was error for the circuit court to permit the arresting officer to testify concerning defendant’s performance on certain manual dexterity (“field sobriety”) tests at the scene of his arrest. Defendant reasons that while such evidence would be relevant in a driving-under-theinfluenee trial, it is irrelevant when the prosecution is for the separate offense…