State v. Hernandez

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He claims that the trial court erred in denying his motion to suppress evidence of his refusal to take an Intoxilyzer breath test because the state failed to prove that he knowingly waived his right to consult privately with counsel before deciding whether to take the test. Because, as explained below, defendant did not preserve that claim, we affirm.

On December 7, 2010, Deputy Hanratty of the Tillamook County Sheriffs Office arrested defendant for DUII. Hanratty transported…