State v. Allen

Defendant appeals his conviction for driving while under the influence of intoxicants (DUII). ORS 813.010. We affirm.

Defendant assigns as error the trial court’s failure to grant his motion to suppress his breath test results. At trial, the state offered in evidence the Intoxilyzer result, which showed that he had a .11 blood alcohol level. Defendant had testified that he had put tobacco in his mouth less than 15 minutes before he submitted to the breath test; the testing officer said that he had not. Defendant moved to suppress the test results on the ground that the testing officer failed…