SCHWAB, Chief Judge.
Defendant was convicted in the district court of driving under the influence of alcohol. ORS 483.992(2). He appealed to the circuit court for a trial de novo and in that court filed a pretrial motion to suppress the evidence obtained by way of a blood sample taken from him while he was unconscious. The trial judge sustained this motion, and the state has appealed pursuant to ORS 138.060(4).
The trial court's decision that the blood test...
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