State v. Blanchard

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 813.010. He assigns error to the trial court’s instruction to the jury with respect to his refusal to submit to a breath test under ORS 813.310. We affirm.

Many of the facts are undisputed. Those that are disputed, we state in the light most favorable to the state. State v. McDonnell, 313 Or 478, 480, 837 P2d 941 (1992). Defendant was involved in a two-car collision in southeast Portland on December 25, 1996. At the scene of the accident, defendant told Officer Hedges that he had just come from a party…