State v. Schott

Defendant was arrested for driving under the influence of intoxicants. ORS 813.010. After his arrest, he took a breath test on a Model 4011A Intoxilyzer. He moved to exclude the results of the test on the ground that it “was not performed in accordance with procedures mandated by the applicable Oregon Revised Statutes and the Oregon Administrative Rules.” The trial court denied the motion and, after a trial to the court, entered a judgment of conviction. Defendant appeals, and we affirm.

Former ORS 487.8151 directed the Department of State Police (department) to approve methods of chemically…