State v. Martinez-Alvarez

In this prosecution for driving under the influence of intoxicants (DUII), ORS 813.010, the state appeals a pretrial order granting, in part, defendant’s motion to suppress evidence of the results of his breath test, ORS 138.060(l)(c). The trial court’s order suppressing the evidence was predicated on our decision in State v. Machuca, 231 Or App 232, 218 P3d 145 (2009) (Machuca I), which the Supreme Court subsequently reversed, State v. Machuca, 347 Or 644, 227 P3d 729 (2010) (Machuca II). On appeal, the dispositive legal issue is whether, under the principles expressed in Machuca II, this a…