State v. Kauppi

Defendant was arrested and then convicted pursuant to a conditional guilty plea of Driving Under the Influence of Intoxicants (DUII), ORS 813.010. When defendant refused to consent to a breath test after he was arrested, the arresting officer obtained a telephonic warrant to take two blood samples from him and then executed that warrant. The warrant did not state defendant’s name correctly, identifying defendant by the wrong first and middle names. The issue on appeal that we write to address is whether the incorrect statement of defendant’s name rendered the warrant in violation of the…