State v. Chipman

This is a consolidation of seven criminal cases in which each defendant is charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals from pretrial orders excluding evidence of defendants’ urine test results. The trial courts excluded the results on the ground that the tests were not performed according to the National Institute of Drug Abuse (NIDA) standards promulgated by the federal government and mandated for use in Oregon DUII cases by ORS 813.131(4) (1997). 1 We affirm as to defendants Kopp and Summers and reverse and remand the other cases to the…