State v. Langevin

Defendant appeals his conviction for criminally negligent homicide, contending that the police did not have authority to draw blood from him while he was unconscious, and that, if they did have such authority, they were required to obtain a warrant before analyzing his blood several days later for alcohol content.

We hold that the police did have the authority to take a sample of defendant’s blood. Former ORS 487.835(2); State v. Heintz, 286 Or 239, 594 P2d 385 (1979); State v. Calderon, 67 Or App 169, 678 P2d 1245, rev den 297 Or 272 (1984). That statute also authorized the testing of the…