State v. Durbin

Defendant appeals from his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He contends that the trial court erred in denying his motion to suppress the results of an Intoxylizer test, because he was denied the right to a private consultation with counsel before the administration of the test. We affirm.

On February 22, 1998, defendant was stopped and arrested by Officer Cuellar of the Prineville police department for driving under the influence of intoxicants. Cuellar transported defendant to the Crook County Jail. After booking, Cuellar placed defendant in the…