Oregon SC: .09% not enough to convict for drunken driving

Oregon

Ruling: John Hedgpeth may have been legally sober when he was stopped

generic breathalyzer a 01252016 mgn_262753

A breathalyzer (KOIN, file)

PORTLAND, Ore. (AP) – The Oregon Supreme Court has ruled that a driver whose blood alcohol content registered .09% nearly two hours after he was stopped should not have been convicted of drunken driving.

The Oregonian/OregonLive reports the legal limit for driving is .08 percent, but the Supreme Court said Thursday it’s unclear what 62-year-old John Charles Hedgpeth’s blood alcohol content was at the time he was pulled over along the Oregon coast in Coos County.

The high court affirmed a 2018 decision by the Oregon Court of Appeals, which said it’s possible Hedgpeth was legally sober when he was stopped, but that over the next nearly two hours, more liquor entered his bloodstream and raised his alcohol content to an illegal level.

The problem, the Supreme Court noted, is that the prosecution failed to provide evidence that supported the theory that Hedgpeth’s blood alcohol level had decreased from the time since the officer pulled him over.

Follow KOIN 6 for the latest news and weather

App

Download our FREE news and weather apps for iPhone, iPad and Android. You can also follow us on Facebook, Twitter and Instagram, and sign up for our email newsletters.

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Top Headlines

More News

Trending Stories

Don't Miss

More Don't Miss

Twitter News Widget