Court of Appeals of Oregon December 18, 1978, 195494, CA 10756 (State v. Lindstrom)

*515

SCHWAB, C. J.

Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) which followed the trial court’s denial of his motion to dismiss or, in the alternative, to suppress the results of a breathalyzer test administered after his arrest. Defendant argues that the test results were the ultimate fruits of a stop which was not lawful under ORS 131.615 and 131.