State v. Creson

Defendant was charged with the traffic crime of driving while under the influence of intoxicants, ORS 487.540. The court granted defendant’s motion to suppress the results of a breathalyzer test on the ground that the officer had failed to inform him fully of his rights after he had initially refused to take the test. The state appeals.

The state accepts the facts in defendant’s affidavit: The defendant was arrested for driving while under the influence of intoxicants and taken to the county correctional facility. The arresting officer requested that defendant take a breathalyzer test. When…