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STATE v. BURRESON

040749191; A127789.

196 P.3d 66 (2008)

223 Or. App. 492

STATE of Oregon, Plaintiff-Respondent, v. Christopher Jay BURRESON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 29, 2008.

Attorney(s) appearing for the Case

Kara K. Davis argued the cause for appellant. On the brief was Michael Breiling.

Jamie Contreras, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denis M. Vannier, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). He assigns as error the trial court's denial of his motion to suppress evidence of his refusal to take a breath test. Defendant moved to suppress the evidence on the bases that he was not under arrest for DUII when asked to submit to the test and that, at the time he was arrested for DUII, the arresting officer lacked subjective probable cause to believe that...

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