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STATE v. TRENARY

DC 89CR2991; CA A65385; SC S39615.

850 P.2d 356 (1993)

316 Or. 172

STATE of Oregon, Respondent on Review, v. Lawrence Ellis TRENARY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, Salem, argued the cause for petitioner on review. On the petition were Sally L. Avera, Public Defender, and Louis R. Miles, Deputy Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

PETERSON, Justice.

Persons stopped on suspicion of driving under the influence of intoxicants (DUII) often are requested by police officers to perform "field sobriety tests."1 ORS 813.135 states that, "[b]efore the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests." In this case, the arresting...

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