State v. Lynaugh

Defendant was charged with driving under the influence (DUI) and obtained suppression of his breath test in the criminal case and a dismissal of the civil suspension proceeding. The trial court granted this relief because it found that the police had misled defendant about his right to counsel. The State took an interlocutory appeal from the suppression order and a direct appeal of the dismissal, both consolidated here. We reverse.

The facts are undisputed. During defendant’s processing for DUI, an officer read to him a so-called “implied consent” form *73which contained information on the right…