State v. Trevino

In this consolidated appeal, we are called upon to decide essentially one question: is suppression of breath analysis test results required, notwithstanding an absence of prejudice to a DUI suspect, when the arresting officer, prior to inquiring about or visually checking the contents of the suspect’s mouth, either fails to (1) inform the suspect of his or her right to counsel pursuant to CrRLJ 3.1(c)(1), or (2) give the suspect an implied consent warning? We answer that question negatively, and, consequently, reverse the decision of the Court of Ap peals, Division Three, in State v. Trevino…