State v. Hilditch

Defendant was charged with driving while under the influence of intoxicants, ORS 487.540. Prior to trial, he moved to suppress the results of a breathalyzer test administered to him by the police following his arrest on the ground that he was not given a reasonable opportunity to obtain an independent chemical test of his blood as required by ORS 487.810, which provides in pertinent part:

"In addition to a chemical test of the breath, blood, urine or saliva administered upon the request of a police officer, a person arrested for driving a motor vehicle upon the highways of this state while…