State v. Demings

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. His several claims of error relate to the denial of his motion to suppress the results of an Intoxilyzer test. We affirm.

After he was arrested, defendant submitted to an Intoxilyzer test. He moved to suppress the test results on the ground that the officer who conducted the test had not followed the pretest requirement of OAR 257-30-020(l)(b), that the officer “make certain” that defendant had not taken anything by mouth, vomited or regurgitated during the 15-minute period before the test is…