Bunten v. MOTOR VEHICLES DIVISION, ETC.

This is a civil action in which the circuit court affirmed a decision by the Department of Motor Vehicles suspending appellant’s license to drive a motor vehicle for 120 days for failure to submit to a breath test. We reverse.

Appellant was arrested for driving under the influence of intoxicants and taken to the Washington County jail. On arrival, he was asked to take a breath test. He asked if he could call his attorney before submitting to the test; he was told he could not. Appellant then refused to take the test without advice from counsel.

Appellant’s sole assignment of error on appeal is…