State v. Westlund

*227CARSON, J.

This case presents two issues: (1) whether the failure of a police officer to take an obviously intoxicated person into civil custody before the person operated a motor vehicle renders unlawful the person’s arrest for Driving While Under the Influence of Intoxicants (DUII); and (2) whether a warrant is required to test the contents of a transparent vial, lawfully seized in a search incident to an arrest, when there is probable cause to believe that the vial contains a controlled substance.

FACTS

On June 5,1982, the Multnomah County Emergency Medical Center was notified that defendant…