State v. Tyon

Defendant appeals his convictions for driving under the influence of intoxicants (DUII), ORS 813.010, and refusal to take a breath test, ORS 813.095. Defendant assigns error to the trial court’s exclusion of evidence of the arresting officer’s alleged bias. Defendant also asserts that he was denied a reasonable opportunity to consult with counsel in private before deciding whether to submit to an Intoxilyzer (breath) test and, thus, that the trial court erred in denying his motion to suppress evidence of his refusal. We conclude that the trial court did not err in denying defendant’s motion…