State v. Trevino

Sweeney, A.C.J.

The State of Washington appeals suppression of evidence of a mouth examination given before the suspect was read his Miranda1 rights in the course of a BAC Verifier DataMaster breath test. The State contends (1) the CrRLJ 3.1 2 right to counsel does not attach before an officer asks to look or looks into a suspect’s mouth for purposes of a driving while under the influence of alcohol (DWI) investiga*498tion; and (2) a DWI suspect must show actual prejudice to establish a violation of his right to a lawyer. We affirm.

Facts

On January 1, 1992, just after midnight, Deputy Randy…