State v. Kohlasch

Defendant appeals from a conviction under ORS 483,999 (1) of driving a motor vehicle when the content of alcohol in his blood was more than .15 per cent. A breathalyzer test administered 33 minutes after his arrest showed that he then had .23 blood-alcohol content. The arresting police officer in answer to questions described what happened after the arrest. On neither direct nor cross-examination was he asked, and he did not indicate, whether defendant had any opportunity to or did ingest alcohol in any form between the arrest and the breathalyzer test. There was no other evidence produced on…