State v. Silbernagel

The state appeals a pretrial order granting defendant’s motion to suppress evidence of breath test results in this prosecution for driving under the influence of intoxicants (DUII). Defendant initially refused to take the breath test but then agreed to take it after the arresting officer told him that, if he did not, the officer could apply for a search warrant for a blood sample and that the sample could be obtained by force if defendant did not cooperate with the blood draw. Under ORS 813.100(2) and ORS 813.140, the police may obtain a blood test for purposes of determining a driver’s…