State v. Machuca

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 courts 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. For the reasons explained below, we reverse and remand.