State v. Berini

The State appeals an order of the Orange District Court suppressing defendant’s refusal to submit to a breath test because he was not afforded an opportunity to consult with an attorney. We affirm.

Defendant was arrested for driving under the influence. The arresting officer informed defendant of his right to speak with an attorney before deciding whether to submit to a breath test. Defendant refused to provide a sample without the advice of an attorney. Despite numerous attempts, the officer was unable to contact defendant’s lawyer or a public defender. After approximately one hour, the *566office…