State v. Ray

683 Argued and submitted January 24, affirmed April 6, 2022 STATE OF OREGON, Plaintiff-Respondent, v. KEVIN MICHAEL RAY, Defendant-Appellant. Deschutes County Circuit Court 17CR76930; A173399

509 P3d 171

Defendant appeals his conviction for driving under the influence of intox- icants (DUII). At the time of his arrest, defendant took a breath test on an Intoxilyzer 8000, which showed his blood-alcohol content (BAC) to be .08 per- cent. Under ORS 813.010(1)(a), a person commits the crime of DUII by driving a vehicle with “0.08 percent or more by weight of alcohol in the blood * * * as shown by…