State v. Hanson

In a district court jury trial defendant was found guilty of driving while under the influence of intoxicating liquor (ORS 483.992 (2)) and of driving with .15 percent or more blood-alcohol content (ORS 483.-999 (1)). These convictions were then appealed to the circuit court where motions were made to suppress the results of the breathalyzer test relied upon by the state. The basis of the motions was, in effect, that the officer who made the arrest and performed the test had faded to “make certain” that defendant had not taken anything by mouth, vomited or regurgitated liquid from his stomach…