STATE v. ROLES

No. T49978, T49979; CA 12802.

596 P.2d 614 (1979)

40 Or.App. 805

STATE of Oregon, Appellant, v. Dallas Lee ROLES, Respondent.

Court of Appeals of Oregon.

Decided June 25, 1979.


Attorney(s) appearing for the Case

James M. Brown, Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Larry W. Stuber, Albany, argued the cause for respondent. On the brief were James G. Nelson, and Goode, Goode, Decker, Beckham & Nelson, P.C., Albany.

Before SCHWAB, C.J., THORNTON, BUTTLER and JOSEPH, JJ., and PETERSON, J. Pro Tem.


JOSEPH, Judge.

Defendant was charged with driving under the influence of intoxicants. ORS 487.540. Prior to trial his motion to suppress the results of a breathalyzer test was granted, and the state appeals.

The basis for defendant's motion was that the breathalyzer result was unreliable because at the time of his arrest he was participating in an Antabuse treatment program. Defendant offered evidence that when one consumes alcohol, it is broken down in the...

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