State v. Jaehnig

The state in this driving under the influence of intoxicants (DUII) case appeals a trial court order suppressing evidence of the alcohol content of defendant’s blood. The parties agree that the officer violated ORS 813.140 in obtaining the blood sample and that, under State v. Moylett, 313 Or 540, 836 P2d 1329 (1992), that violation would require suppression. The state argues, however, that ORS 136.432 (section 1 of Senate Bill 936 (SB 936)) has overruled Moylett and similar cases so that statutory violations no longer result in suppression of evidence. Defendant responds that ORS 136.432 is…