Kiehl v. State

OPINION

BRYNER, Chief Judge.

Donald T. Kiehl appeals his conviction for driving while intoxicated (DWI), arguing that the district court should have suppressed the results of Kiehl’s breath test because the officer who arrested Kiehl did not afford Kiehl a reasonable opportunity to consult privately with his attorney. We affirm.

Trooper Rae Arno arrested Kiehl for DWI and took him to the Tok trooper station for processing. As was her usual practice, Amo kept an audiotape recorder running throughout Kiehl’s processing. She placed the recorder on a table near the telephone. After Arno read Kiehl…