State v. Sawyer

Defendant appeals a conviction for driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court’s denial of his motion to suppress the results of his breath test. He argues that he was denied his right to counsel under Article I, section 11, of the Oregon Constitution because he was not afforded an opportunity to call an attorney in private before taking that test. We agree with defendant, and we therefore reverse and remand.

The relevant facts are uncontested. Deputy Yohe observed defendant driving erratically and pulled him over. Yohe asked defendant if…