State v. Greenough

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The trial court granted his motion to suppress evidence of his refusal to submit to a breath test on the ground that he had not been given a reasonable opportunity to consult with an attorney. The state appeals. ORS 138.060(3). We reverse and remand.

Defendant was stopped by Portland police officers at about 8:45 p.m. on the Friday before a July 4 weekend. He was placed under arrest for DUII following field sobriety and horizontal gaze nystagmus tests and was taken to the precinct, where he was advised…