STATE v. BROYLES

M884804; CA A48437.

765 P.2d 239 (1988)

94 Or.App. 334

STATE of Oregon, Respondent, v. Mark C. BROYLES, Appellant.

Court of Appeals of Oregon.

December 7, 1988.


Attorney(s) appearing for the Case

Louis R. Miles, Portland, argued the cause and filed the brief for appellant.

Timothy Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and RIGGS, JJ.


RIGGS, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010(1).1 He assigns as error the admission of the results of a blood alcohol test performed by Emanuel Hospital after he was involved in a motorcycle accident. Defendant argues that in a DUII trial a blood test showing the blood alcohol content can be admitted only if the test has been shown to comply with ORS 813.160(1).

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