Oregon Department of Justice

Attorney General Ellen F. Rosenblum

Oregon Department of Justice - Attorney General Ellen F. Rosenblum
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February 11, 2010

The Oregon Supreme Court today issued an important ruling that will greatly assist the state's efforts to combat driving under the influence of intoxicants. The decision in State v. Machuca clearly establishes the principle that the constitution does not require a police officer to obtain a warrant for a test to determine blood alcohol content from a DUII suspect. This decision overturned an Oregon Court of Appeals decision that cast doubt on dozens of DUII convictions and posed serious barriers to the effective investigation and prosecution of these important cases.  Right now, Oregon law enforcement officers make about 25,000 DUII arrests a year. Today's decision is a victory for Oregon because it will help insure that when people drive under the influence and put their neighbors and fellow citizens at risk, they are held accountable.  I would like to express my appreciation for the speed with which the Supreme Court resolved this extremely important case.


Tony Green, (503) 378-6002 tony.green@doj.state.or.us |
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