GILLETTE, Presiding Judge.
In this criminal case, defendant is charged with driving under the influence of intoxicants (DUII). The state appeals, pursuant to ORS 138.060(3), from a pretrial order of the district court suppressing evidence of defendant's refusal to take a breath test. We affirm.
On October 12, 1979, at about 11:10 p.m., Trooper Gibson of the Oregon State Police arrested defendant for DUII. According to Gibson, defendant appeared to be "intoxicated...
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