State v. MacHuca

The state seeks review of a Court of Appeals decision that reversed and remanded defendant’s DUII conviction. The Court of Appeals concluded that the trial court had erroneously admitted test results of defendant’s blood alcohol content. The court reasoned that (1) defendant’s consent to have his blood drawn and tested had been unlawfully coerced because he had been read the legal consequences for refusing to consent to those procedures as required by Oregon’s implied consent statutes, ORS 813.095 to 813.136; and (2) the dissipation of alcohol from defendant’s bloodstream over time did not,…