State v. Groner

In this driving under the influence of intoxicants (DUII) case, the state appeals a pretrial order suppressing defendant’s refusal to submit to a breath test. The state maintains that, when defendant was asked if he was going to take a breath test and he responded, “Not until an attorney [is] right [here] with [me],” that statement amounted to a refusal, despite the fact that police had earlier told him he would have 15 minutes to telephone his attorney. We agree, and we therefore reverse and remand.

The relevant facts are not in dispute. Officer McDougal saw defendant driving erratically and…