State v. Owens

DEITS, J. pro tempore

Defendant is charged with driving under the influence of intoxicants (DUII). ORS 813.010(l)(a). The state appeals under ORS 138.060(l)(c), assigning error to the trial court’s pretrial order granting defendant’s motion to exclude evidence concerning the collection of defendant’s blood sample, as well as evidence that a forensic scientist tested the sample and determined that it contained 0.13 percent alcohol. The case comes to us a second time. See State v. Owens, 187 Or App 719, 69 P3d 763 (2003) (Owens I).

In this case, the trial court excluded the disputed evidence on…