State v. Ohotto

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010CL).1 Defendant assigns error to the trial court’s ruling admitting a deputy’s testimony regarding the rate of absorption and elimination of alcohol in an individual’s blood. Defendant argues that the state failed to establish the foundation needed to admit scientific evidence and that the deputy did not have the expertise to offer that evidence. The state argues that the issue was not preserved for appeal, that the deputy’s expertise sufficed, and that any error was harmless. We…