State v. EUMANA-MORANCHEL

The state appeals from a pretrial order excluding testimonial evidence concerning the blood alcohol content (BAC) of defendant, who was charged with misdemeanor driving while under the influence of intoxicants. ORS 813.010. For the reasons set forth below, we reverse and remand.

For purposes of the hearing on defendant’s motion to exclude, the parties stipulated to the following facts. A police officer observed defendant driving on a public roadway and, at 3:08 a.m., stopped defendant for weaving. Defendant displayed signs of intoxication and admitted to drinking three beers in a bar. Bars…