STATE v. DORAN

94CR129; CA A84559.

893 P.2d 569 (1995)

133 Or. App. 698

STATE of Oregon, Appellant, v. Michael Harley DORAN, Respondent.

Court of Appeals of Oregon.

Decided April 12, 1995.


Attorney(s) appearing for the Case

Katherine H. Waldo, Asst. Atty. Gen., argued the cause, for appellant. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance for respondent.

Before DEITS, P.J., and HASELTON and ARMSTRONG, JJ.


HASELTON, Judge.

The state appeals from the trial court's order suppressing the result of a DUII urinalysis on the ground that defendant did not "expressly consent," ORS 813.140(1), to the test. We reverse and remand.

On February 18, 1994, Officer Samuels of the Oregon State Police stopped defendant on suspicion of driving under the influence of intoxicants. ORS 813.010. After Samuels administered field sobriety tests, he arrested defendant and took him to...

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