State v. Burnham

In this prosecution for driving under the influence of intoxicants, the state appeals from a pretrial order granting defendant’s motion to suppress the results of a breathalyzer test. Defendant made no appearance in this appeal.

After defendant was arrested in Portland, a police officer asked him if he would take the breathalyzer test. When defendant paused before answering, the officer told him that if he did not take the test his license would be taken away for 120 days. Defendant then agreed to take the test. Defendant did not inquire further about the consequences of refusal, nor did he…