State v. Krey

Defendant was charged with operating a motor vehicle while under the influence of an intoxicating liquor, ORS 483.992 (2), and trial was set in district court. The defendant filed a motion to suppress the results of a blood test administered shortly after his arrest. The district court granted the motion and the state appealed to the circuit court pursuant to ORS 157.020 (2) (d).① That court affirmed the order of suppression on the ground that there was no evidence that the blood had been withdrawn under the direction or control of a duly licensed physician, ORS 483.640.② Subsequently, trial…