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STATE v. ANDES

Z 291977; CA A90777.

939 P.2d 102 (1997)

148 Or. App. 114

STATE of Oregon, Appellant, v. William R. ANDES, Respondent.

Court of Appeals of Oregon.

Decided May 21, 1997.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

John Henry Hingson, III, Oregon City, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Defendant is charged with driving while under the influence of intoxicants (DUII). ORS 813.010. Before trial, he moved to suppress the Intoxilyzer test result obtained from him after his arrest, and the trial court allowed his motion. The state appeals. We reverse and remand.

In reviewing an order resolving a motion to suppress, we are bound by the trial court's findings of historical fact if they are supported by the evidence in the record...

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