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STATE v. LOWE

95-CR-0840-M; CA A90073.

926 P.2d 332 (1996)

144 Or. App. 313

STATE of Oregon, Appellant, v. Douglas Allen LOWE, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1996.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Carl W. Hopp, Jr., Bend, argued the cause and filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

In this driving under the influence of intoxicants (DUII) case, the state appeals from pretrial orders suppressing evidence of defendant's performance on field sobriety tests and the results of an Intoxilyzer test. ORS 138.060(3). The narrow question before us is whether defendant consented to the field sobriety tests. The trial court concluded that he did not. We affirm.

At approximately 1:00 p.m. on September 7, 1994, while on uniformed patrol...

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