State v. Knepper

Defendant was convicted of driving while under the influence of intoxicants. ORS 487.540. He contends that it was error to permit the state’s expert witness to disclose to the jury excludable evidence that formed the basis of the expert’s opinion. OEC 703. He also assigns error to an instruction concerning blood-alcohol content, ORS 487.540(1)(a), and the state concedes that the instruction constituted error. We reverse.

A chemical test of defendant’s blood indicated an alcohol content of 0.24 percent. The test result was excluda-ble under the implied consent law, ORS 487.835, and it was not…