State v. Herring

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He assigns error to the court’s order admitting the result of an Intoxilyzer test. We affirm.

After defendant was arrested for driving under the influence of intoxicants, officers Slater and Barrett transported him to the Springfield Police Department, where there was an Intoxilyzer. Before Slater administered the breath test, he observed defendant for a total of 12 minutes. He left for 3 minutes, and during that time Barrett observed defendant. When Slater returned, he asked Barrett if defendant had…