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STATE v. AMAN

D0004073T and D0004074T; A117601 (Control), A117602.

95 P.3d 244 (2004)

194 Or.App. 463

STATE of Oregon, Respondent, v. Douglass P. AMAN, Appellant.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter A. Ozanne, Executive Director of the Office of Public Defense Services.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Defendant appeals his conviction for misdemeanor driving under the influence of controlled substances (DUII-CS). ORS 813.010.1 His appeal presents the question whether the results of an incompletely administered 12-step Drug Recognition Expert (DRE) protocol are admissible as scientific evidence to prove that a defendant was under the influence of a controlled substance.2 We

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