State v. Whitmore

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1).1 Defendant contends that the trial court erred when it admitted expert testimony by a forensic scientist regarding the rates at which the blood absorbs and eliminates alcohol without the foundational showing of scientific validity required by State v. Brown, 297 Or 404, 687 P2d 751 (1984), and State v. O’Key, 321 Or 285, 899 P2d 663 (1995). The state argues that no such foundation was required in this case and that, regardless, any error was harmless. We review for errors of…