State v. Tynon

*695EDMONDS, J.

This case is an appeal by the state because the trial court excluded evidence of an Intoxilyzer test result in a prosecution for driving while under the influence after the trial court ruled that the pretest observation period, as required by OAR 257-030-0070(2)(a),1 was not met. We reverse.

At the hearing on the motion to exclude evidence of the Intoxilyzer test result, Officer Bigman, the operator of the test, and Officer Lenhardt, who observed the administration of the test, testified. Bigman said that he inspected defendant’s mouth at 10:20 p.m. and that it showed no indication…