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STATE v. MACHUCA

050647097; A133362.

218 P.3d 145 (2009)

231 Or. App. 232

STATE of Oregon, Plaintiff-Respondent, v. Thomas Gregory MACHUCA, Defendant-Appellant.

Court of Appeals of Oregon.

Resubmitted En Banc August 12, 2009.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Travis Eiva, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges, and RIGGS, Senior Judge.

SERCOMBE, J.

After a conditional guilty plea, defendant was convicted of driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court's denial of his motion to suppress evidence of his blood alcohol content obtained after he consented to a blood draw. Defendant argues that the blood draw was obtained in violation of Article I, section 9, of the Oregon Constitution.1 For the reasons explained below...

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