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STATE v. BARKER

TC91-13211, CA A72705.

868 P.2d 1355 (1994)

126 Or. App. 409

STATE of Oregon, Appellant, v. Tony Allen BARKER, Respondent.

Court of Appeals of Oregon.

Decided February 16, 1994.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance for respondent.

Before DEITS, P.J., RICHARDSON, C.J., and RIGGS, J.

PER CURIAM.

The state appeals the trial court's order granting defendant's motion to suppress evidence of defendant's performance on field sobriety tests because of the officer's failure to advise him of the consequences of refusing to perform the tests, as required by ORS 813.135 and ORS 813.136. Failure to advise a defendant of the consequences of refusal is not a basis to suppress evidence of the tests, provided that they were otherwise voluntarily performed. ...

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