State v. Durbin

Defendant was charged with driving under the influence of intoxicants (DUII). 1 He moved to suppress the results of his breath test, arguing that the presence within earshot of the arresting officer when he consulted a lawyer by telephone before taking the breath test violated his right to counsel under the Oregon Constitution. The trial court denied defendant’s motion to suppress the results of the breath test, and he was convicted after a trial to the court based on stipulated facts. In an en banc decision, the Court of Appeals affirmed, with four judges dissenting. State v. Durbin, 172 Or…