State v. Newcomer

Defendant raises two assignments of error, appealing a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, and failure to appear on a criminal citation, ORS 133.076. Due to an erroneous jury instruction, we reverse and remand the conviction for failure to appear and otherwise affirm.

First, defendant assigns error to the trial court’s denial of his motion to suppress evidence of his urine sample, arguing that his consent to provide the sample was involuntary or coerced by the arresting officer’s reading of the statutory implied consent warnings. We reject…