State v. Donahue

James Patrick Donahue appeals his conviction for vehicular homicide, contending that evidence of his blood alcohol content was inadmissible. Although the auto accident occurred in Washington, a hospital in Oregon treated Donahue and administered blood tests. We hold that generally the place of treatment determines which physician-patient privilege applies; thus, Oregon’s law is applicable. Under Oregon law, the physician-patient privilege does not apply to criminal proceedings in Oregon; therefore, the physician-patient privilege does not bar the blood test results obtained at the Oregon…