State v. Galli

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the denial of his motion to suppress evidence of the intoxilyzer test. We affirm.

Officer Rader stopped defendant for DUII and administered an intoxilyzer test. Rader advised defendant to blow into the machine with sufficient force to cause the green light to illuminate and remain illuminated. On the first attempt, defendant appeared to blow into the mouthpiece, but the green light did not come on. After Rader again instructed him on how to operate the machine, defendant…