State v. Lessar

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He assigns error to the admission of the Intoxilyzer test result, arguing that the test was not administered in compliance with OAR 257-30-020(l)(b),1 which requires that the test operator “must make certain” that the subject has not taken anything by mouth, vomited or regurgitated liquid from his stomach into his mouth for at least 15 minutes before taking the test. We affirm.

The trial court found:2

“On September 24th, 1989, at approximately 5:45 P.M., Oregon State Trooper Douglas Larson stopped a…