Oregon v. Eumana-Moranchel
Annotate this CaseThis case arose out of Defendant Javier Eumana-Moranchel's motion in limine to exclude the testimony of the State's expert witness in his prosecution for driving under the influence of intoxicants (DUII). The issue presented was whether the state could introduce an expert's testimony to prove that defendant's blood alcohol content (BAC) was over the legal limit of .08 percent when a police officer stopped him for driving erratically, even though Defendant's BAC was under the legal limit at the time of his breath test, approximately an hour and a half later. At the pretrial hearing on Defendant's motion, the trial court excluded the expert's testimony interpreting defendant's breath test results to the extent that that testimony would explain that Defendant's BAC was over .08 percent at the time he was driving. The State filed an interlocutory appeal of that ruling and the Court of Appeals reversed, concluding that the expert's testimony was derived from a chemical analysis of defendant's breath and was therefore admissible. Upon review, the Supreme Court concluded that the State should have been permitted to offer the expert's testimony explaining retrograde extrapolation to establish that Defendant's BAC was over .08 percent at the time he was driving. The Court affirmed the appellate court, reversed the circuit court and remanded the case for further proceedings.
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