BEND, Ore. (AP) — The Oregon Supreme Court has ruled that people suspected of drunken driving are not off the hook just because their blood-alcohol content is measured below the legal limit.
The court ruled that expert witness testimony concluding that a driver’s alcohol level was above the legal limit at the time he was stopped, even if it had fallen below .08 before it was measured. The 4-3 decision was issued on Thursday.
The Bend Bulletin reports (http://bit.ly/Jm8lc6 ) the case stems from a Multnomah County traffic stop in September 2008. The driver was arrested on suspicion of drunken driving, but his alcohol level was measured at .064 about 90 minutes later. Prosecutors wanted to the admit testimony from an expert witness who used a formula to calculate that the driver’s alcohol level was above the legal limit when he was stopped.
Information from: The Bulletin, http://www.bendbulletin.com