State v. Moore

The state appeals an order suppressing evidence resulting from the warrantless testing of defendant’s blood and urine. ORS 138.060(l)(c). The trial court, consistently with the reasoning in our decision in State v. Machuca, 231 Or App 232, 218 P3d 145 (2009) (Machuca I), rev’d on other grounds, 347 Or 644, 227 P3d 729 (2010) (Machuca II), concluded that defendant’s consent to that testing was involuntary because it was obtained after he had received statutory implied consent warnings about the economic harm and loss of privileges that would result if he refused. On appeal, the state…