State v. Underwood

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 487.540. He assigns error to the trial court’s denial of his motion for investigative expenses and his petition to enter a diversion program. We affirm.

Defendant was arrested for driving under the influence and was administered a breath test which indicated that he had a blood alcohol level of .18 percent. He filed a motion for investigative expenses to employ an expert. In the affidavit in support of his motion, he stated that, before his arrest, he had taken DMSO for pain associated with multiple sclerosis…