City of Roseburg v. Dykstra

Because I believe our precedents compel the conclusion that defendant was entitled to have counsel present at the breath test under the facts of this case, I dissent.

After arresting defendant for driving under the influence of intoxicants, a City of Roseburg (City) police officer transported him to the Douglas County Corrections facility for a breath test. While there, defendant called a lawyer, who arrived at the facility within a short time. After consulting with his lawyer, defendant consented to take the test.1 Although he requested that his counsel be present during the test, the officer…