State v. Olson

Defendant was charged with driving while under the influence of intoxicants. ORS 813.010. The state appeals from an order granting defendant’s pretrial motion to exclude evidence of the Intoxilyzer test results on the basis that the administering officer failed to “complete” the operator’s checklist as required by ORS 813.160 and OAR 257-30-020(l)(a). 1 The only question before us is whether the officer’s failure to mark one of the nine boxes appearing on the checklist renders the test result inadmissible in a subsequent prosecution. We hold that it does not. Accordingly, we reverse.

The…