State v. Osburn

Defendant was convicted of driving with more than .15 percent alcohol in his blood. ORS 483.999 (1). On appeal lie contends Ms breathalyzer test score should not have been admitted into evidence, because he was nfever informed of certain rights. This contention raises both constitutional and statutory issues.

As we understand the facts from the partial transcript filed with this appeal, defendant was arrested for driving under the influence of intoxicating liquor. ① He was taken to the police station where the arresting officer asked if he would take a breathalyzer test. Defendant agreed, and…