State v. Roya

Defendant Kenneth G. Roya appeals from a conviction of driving under the influence of intoxicating liquor (DUI). He claims the standard form used by police during the DUI processing misinformed him of his right to consult an attorney before deciding to submit to a breath test, and, on this basis alone, seeks reversal of his conviction and suppression of the breath test evidence. He further argues that he should not be required to prove that he was prejudiced by the misinformation in order to obtain this result. We affirm.

Defendant was arrested on suspicion of DUI, taken to the police station…