State v. Davis

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII) and reckless driving, contending that the trial court erred in denying her motion to suppress the results of an Intoxilyzer test. Defendant argues that the results should be suppressed because she was denied a reasonable opportunity to obtain an independent blood test, in violation of ORS 813.150.1 The state responds that defendant was not denied a reasonable opportunity to take the blood test because she did not request the test at the appropriate time — after taking the Intoxilyzer test — and,…