State v. Johnson

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 813.010(1). He argues that the trial court erred in permitting a police officer to testify that, based on his observations, defendant’s blood alcohol content was at or above the legal limit. The state concedes that the trial court erred, but it contends that the error was harmless because there was overwhelming evidence that defendant was under the influence of alcohol. We accept the state’s concession of error, but we conclude that the error was not harmless. Accordingly, we reverse and remand.

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