State v. Jubie

The State of Oregon appeals from a pretrial order suppressing evidence of defendant’s Intoxilyzer test result in this prosecution for driving under the influence. ORS 138.060(3). We reverse and remand for reconsideration.

This case involves a situation where the operator of the test relied on another officer to perform the 15-minute observation period before the test was administered. The trial court ruled that the requirement of OAR 257-030-0070(2)1 had not been met. The trial court wrote in its order, “[w]e know that [defendant] took nothing by mouth and we know that he didn’t regurgitate or…