STATE v. BROWN

No. 79-05550; CA 16474.

610 P.2d 320 (1980)

46 Or.App. 61

STATE of Oregon, Appellant, v. Gay Linda BROWN, Respondent.

Court of Appeals of Oregon.

Decided May 5, 1980.


Attorney(s) appearing for the Case

Frank R. Papagni, Jr., Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty. for Lane County, Eugene.

Scott M. Galenbeck, Springfield, argued the cause for respondent. With him on the brief was Lively, Wiswall, Svoboda, Thorp & Dennett, Springfield.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

In this driving under the influence of intoxicants case, the state appeals from the pretrial suppression of the results of the breathalyzer test.

The following facts are not contested. After her arrest, defendant was asked by the arresting officer to take a breathalyzer test. Defendant asked what would happen if she were to refuse. The officer advised her that she had a right to refuse to take the test and that her driver's license could be...

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