State v. Hoffman

Medical reports containing blood alcohol results are not self-authenticating and requires a witness to testify as to the medical blood draws chain of custody or proper authentication. State v. Martin, 207 Or App 31, 41 (2020).

Defendant appeals his conviction of DUII pursuant to ORS 813.010(4). Defendant was involved in a car crash. While being treated at the hospital, Defendant was subjected to both a medical and implied consent blood draws. Defendant assigned error to the trial court’s denial of motion to suppress evidence of the hospital’s medical blood draw. Defendant argued that the medical blood draw lacked adequate chain of custody. The State conceded the error. Medical reports containing blood alcohol results are not self-authenticating and requires a witness to testify as to the medical blood draws chain of custody or proper authentication. The Court found the minimum assurances of the chain of custody were not met because the State did not present a witness who could testify to the blood sample’s chain of custody. The inadequate chain of custody issue was not harmless. Conviction on Count 1 reversed and remanded; remanded for resentencing; otherwise affirmed.