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STATE v. PAPINEAU

M13975, A135823.

208 P.3d 500 (2009)

228 Or. App. 308

STATE of Oregon, Plaintiff-Appellant, v. Keith R. PAPINEAU, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

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

Wes Williams argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

SCHUMAN, P.J.

This case requires us to interpret a rule promulgated by the Department of Oregon State Police (OSP) regarding the procedure for administering breath tests to determine blood alcohol content. Defendant argued at trial that the rule required two breath samples in order to yield an admissible result and, because police took only one, the result should be suppressed. The state argued that, under the rules properly understood, one sample sufficed. The trial...

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