State v. Palomino

Defendant appeals his conviction of Driving While Under the Influence of Intoxicants, in violation of ORS 487.540.

Defendant was arrested for the offense on March 8, 1978. At that time he was given a breathalyzer test which recorded his blood alcohol level to be .15 of one percent. Prior to trial he moved to suppress the results of the breathalyzer test on the ground that on March 21, 1978, thirteen days after the test was administered, the instrument was determined to be malfunctioning. The instrument had been certified as accurate on January 25, 1978. Defendant’s motion was denied and the…