Effect of implied consent law on evidence
Source:
Section 813.320 — Effect of implied consent law on evidence, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html.
Notes of Decisions
Under former similar statute
Breathalyzer test results were suppressed where officer failed to inform defendant fully of rights, including entitlement to independent testing, after he had initially refused test. State v. Creson, 33 Or App 369, 576 P2d 814 (1978)
A court may not prohibit the admission of blood tests performed by an individual who does not possess a permit from the Health Division in prosecutions for manslaughter under ORS 163.125 when the evidence is otherwise competent and relevant. State v. Heintz, 286 Or 239, 594 P2d 385 (1979)
Blood test inadmissible on DUII charge is nonetheless admissible on assault charge under this section; proper remedy to avoid prejudice is motion for separate trial, not premature exclusion of evidence. State v. Armenta, 74 Or App 219, 702 P2d 1113 (1985)
In general
Where defendant is hospitalized or receiving medical care, state is not required to demonstrate that blood test results otherwise competent as evidence were obtained in compliance with ORS 813.160. State v. Snyder, 337 Or 410, 97 P3d 1181 (2004)
State is not obligated to produce evidence of scientific validity of process or principles used in blood alcohol testing conducted as part of medical care. State v. Helgeson, 220 Or App 285, 185 P3d 545 (2008)
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