State v. Perryman

Defendant seeks reversal of his conviction for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010. He contends that the trial court erred in denying his motion to suppress evidence of his blood alcohol content (BAC) obtained through a warrantless, nonconsen-sual blood draw conducted at a hospital. We conclude that exigent circumstances justified the seizure of defendant’s blood, and, therefore, we affirm.

The relevant facts are undisputed. At approximately 1:04 a.m., police received a tip from an employee of a tavern that defendant had driven away from the tavern…