State v. Tripathi

In this prosecution for driving while under the influence of intoxicants (DUII), the state appeals a pretrial order excluding the results of a toxicology test that confirmed the presence of controlled substances in defendant’s urine. The trial court excluded the evidence on the ground that the state had failed to lay the proper foundation for its admission. The state appeals, arguing that, under ORS 813.131(4), because the urinalysis was conducted in an accredited or licensed toxicology laboratory, the results are admissible without further proof. We affirm.

The parties stipulated to the…