State v. Jacobs

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. The issue is whether the trial court erred when it allowed an officer to testify about what defendant’s blood alcohol reading would have been, had he taken the breath test. We reverse and remand for a new trial.

After observing defendant travelling at approximately 55 miles per hour in a 25-mile-per-hour zone, Officer Lankins stopped defendant’s vehicle. As he approached defendant, Lankins detected a strong odor of alcohol and observed that defendant’s face was flushed. Defendant got out of his…