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STATE v. RUMLER

D0205484T; A123556.

110 P.3d 115 (2005)

199 Or. App. 32

STATE of Oregon, Appellant, v. Victor Charles RUMLER, Respondent.

Court of Appeals of Oregon.

Decided April 13, 2005.

Attorney(s) appearing for the Case

Susan Howe, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jill Smith, Assistant Attorney General.

Thomas Ifversen, Portland, argued the cause for respondent. With him on the brief was Kahn & Ifversen, Attorneys, L.L.P.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

The state appeals from an order suppressing, inter alia, the results of an Intoxilyzer test in a prosecution for driving under the influence of intoxicants (DUII). ORS 813.010.1 The trial court concluded that the state had failed to establish a sufficient foundation for admissibility under ORS 813.160(1)(b) because, at the time of the suppression hearing, the officer who had administered the Intoxilyzer test had no...

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