Court of Appeals of Oregon June 16, 2004, MI02-1234; A120624 (State v. Shantie)

LINDER, J.

The state appeals an order suppressing evidence of defendant’s blood alcohol content, which was obtained by a blood test performed pursuant to a warrant. The trial court granted defendant’s motion to suppress after concluding that the blood test violated defendant’s right to refuse to submit to the test under the implied consent statutes. See ORS 813.100(2).