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STATE v. MILLER

89-7095; CA A61735.

796 P.2d 1253 (1990)

103 Or.App. 303

STATE of Oregon, Appellant, v. Peter Edward MILLER, Respondent.

Court of Appeals of Oregon.

Decided September 5, 1990.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John H. Tuthill, Tillamook, argued the cause and submitted the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

In this DUII case, the state appeals from a pretrial evidentiary ruling that blood test results are inadmissible. We reverse and remand.

Defendant was arrested for driving under the influence of intoxicants (DUII). ORS 813.010. He refused to take a breath test, but, after his release from custody, he independently obtained two blood tests at a local hospital. He was later charged with DUII, and the results of the blood tests were obtained by...

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