State v. Miller

In this DUII case, the state appeals from a pretrial evidentiary ruling that blood test results are inadmissible. We reverse and remand.

Defendant was arrested for driving under the influence of intoxicants (DUII). ORS 813.010. He refused to take a breath test, but, after his release from custody, he independently obtained two blood tests at a local hospital. He was later charged with DUII, and the results of the blood tests were obtained by the state for trial. In a motion in limine, the state asked the court for a ruling on the admissibility of the results. Defendant objected to their…