State v. Irvin

The state appeals from a pretrial order suppressing the results of a breathalyzer test. The defendant was charged with the offense of driving while under the influence of intoxicants. ORS 487.540. His motion to suppress was based upon the destruction of the breathalyzer ampoule, which prevented its retesting. On appeal, the state contends that the trial court erred because, while the evidence demonstrated that the ampoule, if preserved, could be retested, the testimony did not establish that the retesting would produce a meaningful analysis. State v. Gibford, 40 Or App 77, 594 P2d 858 (1979).…