State v. Baucum

WOLLHEIM, S. J.

After a jury trial, defendant was convicted of driving under the influence of intoxicants. ORS 813.010(4). He appeals and assigns error to the admission of expert testimony of his probable blood alcohol concentration (BAC) at the time that he was stopped, based on a mathematical calculation called retrograde extrapolation. Defendant contends that the expert’s testimony constituted scientific evidence for which the state did not provide an adequate foundation. We agree with defendant that the evidence was scientific evidence, but we reject defendant’s challenges to the adequacy…