City of Salem v. Noble

In a consolidated de novo appeal to the circuit court from two municipal court convictions 1 for driving under the influence of intoxicants in violation of ORS 487.540, defendants moved to suppress breathalyzer test results on the grounds that: (1) the machine used for the tests was not properly approved by the Oregon State Health Division, and (2) in operation of the machine for the tests a 12-second breath expiration was not utilized, as required in the applicable administrative regulation. The City of Salem appeals from the order of suppression.

In the spring of 1978, each defendant was…