State v. Mendoza

Defendant, who was convicted of driving under the influence of intoxicants (DUII) based on a conditional guilty plea, ORS 135.335(3), argues on appeal that the trial court erred in denying his motion to suppress evidence of the results of a breath test. For the reasons explained below, we affirm.

The pertinent facts are not in dispute. Deputy Cordes arrested defendant for DUII, gave him Miranda warnings, and took him to the police station. Defendant did not invoke any of his Miranda rights or suggest in any way that he wished to consult with an attorney. At the station, Cordes took defendant…