Court of Appeals of Oregon October 8, 1986, CR-5-0806-20; CA A38465 (State v. Woodruff)

*486

WARDEN, P. J.

Defendant was arrested for DUII while riding a bicycle on U.S. Highway 97. A breath test was administered. The trial court granted defendant’s pretrial demurrer and motion to dismiss on the ground that bicyclists do not come under the DUII statute,

former

ORS 487.540.