State v. Moylett

Defendant is charged with driving under the influence of intoxicants, ORS 813.010, assault in the fourth degree, ORS 163.160, and criminal mischief in the second degree, ORS 164.354, after an accident in which he was involved. At the investigating officer’s request, hospital personnel drew three samples of defendant’s blood, the first before the officer obtained a search warrant and the second and third after he had done so. The trial court suppressed evidence of defendant’s blood alcohol content derived from all of the samples, and the state appeals. We affirm as to the first sample and…