State v. McKat

Defendant was convicted in district court of driving with more than .15 per cent alcohol in his blood, ORS '483:999, and appealed to circuit court. Prior to trial in the circuit court,"he moved to'suppress the result of the- breath' test administered to him on the ground that the chemist, who tested the. accuracy of the breathalyzer equipment as an. employe of the State Board of Health had not been “certified” by the board to test' the accuracy of breathalyzer' equipment.' The circuit court suppressed and the state appeals pursuant to ORS 138.060 (4).

The defendant’s contention is that the…