State v. Broyles

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010(1).1 He assigns as error the admission of the results of a blood alcohol test performed by Emanuel Hospital after he was involved in a motorcycle accident. Defendant argues that in a DUII trial a blood test showing the blood alcohol content can be admitted only if the test has been shown to comply with ORS 813.160(1).2 We agree and reverse.

On July 24, 1987, defendant was admitted to the trauma emergency room of Emanuel Hospital in Portland. On his arrival, unidentified emergency room personnel…