State v. Barletta

Defendant appeals her conviction for Driving Under the Influence of Intoxicants (DUII), ORS 813.010, assigning error to the trial court’s denial of her motion to suppress the results of her breath alcohol test. We reverse and remand.

The facts come entirely from the testimony of the arresting officer and are essentially undisputed. On September 23, 2001, Deputy Zervas arrested defendant for DUII and brought her to the Deschutes County Jail. At 9:43 p.m., shortly after arriving at the jail, Zervas inspected defendant’s mouth and determined that there was nothing inside it. At 10:04 p.m., he…