STATE v. ALLEN

P086314; CA A63897.

802 P.2d 690 (1990)

104 Or.App. 622

STATE of Oregon, Respondent, v. Charles Louis ALLEN, Appellant.

Court of Appeals of Oregon.

Decided December 12, 1990.


Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

Diane S. Lefkow, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Defendant appeals his conviction for driving while under the influence of intoxicants (DUII). ORS 813.010. We affirm.

Defendant assigns as error the trial court's failure to grant his motion to suppress his breath test results. At trial, the state offered in evidence the Intoxilyzer result, which showed that he had a .11 blood alcohol level. Defendant had testified that he had put tobacco in his mouth less than 15 minutes before he submitted...

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