State v. Hemkin

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. Before trial, he moved to suppress evidence of the Intoxilyzer test that was administered after his arrest. The court granted the motion, because the administering officer failed to copy the test result onto the Intoxilyzer checklist. The state appeals, and we reverse.

The facts relevant to defendant’s motion are not disputed. Defendant was given a breath test after his arrest for driving under the influence of intoxicants. The officer complied with all test procedures, but he did not copy the test result shown…