State v. Hilton

Defendant appeals his conviction of driving under the influence of intoxicants (DUII), a Class A traffic infraction, ORS 487.540. He assigns as error the admission of the results of a blood alcohol test performed after he was involved in a one-car accident. The test was administered by the hospital personnel who did not possess a permit issued by the Health Division to conduct such tests in DUII cases. We agree that the admission of the test was error, and reverse.

After the accident in question, defendant was taken to a hospital where a blood sample was drawn for medical treatment purposes.…