State v. McCann

The state appeals a pretrial order that suppressed the results of a breath test taken by defendant. We review for errors of law, State v. Lambert, 134 Or App 148,894 P2d 1189 (1995), and reverse.

Defendant was arrested for driving while under the influence of intoxicants. ORS 813.010. He was taken to the police station and given a Breathalyzer test for alcohol. The officer who administered the test removed the printout card from the machine prematurely, causing the test results printed on the card to blur. The officer then, without repeating the implied consent warnings that preceded the prior…