State v. Gilmour

*296RIGGS, P. J.

The state appeals from a pretrial order granting defendant’s motion to suppress the results of a breath test. The issue is whether the arresting officer had probable cause to arrest defendant for driving under the influence of intoxicants (DUII), ORS 813.010. We hold that he did, and reverse.

Shortly before 2:00 a.m. on October 17, 1993, officer Bressler was stopped at the intersection of Park and 3rd Street1 in Corvallis, with his right turn signal activated. He watched defendant’s vehicle, which was beginning to leave the parking lot of a tavern, approach the point at which the…