State v. Montgomery

Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010(1),1 and criminal driving while suspended or revoked, ORS 811.182(4). On appeal, defendant contends that, because the state failed to lay a scientific foundation for evidence involving the precise rate of dissipation of alcohol, the trial court erred in denying his motion to exclude that proffered scientific evidence. As explained below, defendant’s arguments to the trial court regarding expert testimony were qualitatively different than the argument that he advances on appeal and, accordingly, that…