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STATE v. NGUYEN

3529B; CA A63772.

813 P.2d 569 (1991)

107 Or.App. 716

STATE of Oregon, Appellant, v. By Van NGUYEN, Respondent.

Court of Appeals of Oregon.

Decided June 19, 1991.

Attorney(s) appearing for the Case

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael C. Livingston, Asst. Atty. Gen., Salem.

R. Latang Sajang Catalani, Portland, argued the cause for respondent. With him on the brief were Susan D. Marmaduke and Olson & Marmaduke, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. The state seeks reversal of a pretrial order suppressing the results of his breath test. We reverse and remand.

On September 3, 1989, Deputy Sheriff Brown arrested defendant for driving under the influence of intoxicants. After taking defendant into custody and before asking him to take the breath test, Brown read aloud the portion of the implied consent form...

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