State v. Carlson

Defendant appeals a judgment of 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 the right to counsel under Article I, section 11, of the Oregon Constitution, 1 because he was not given a reasonable opportunity to consult privately with counsel before deciding whether to consent to the test. We reverse and remand.

The relevant facts are not in dispute. Deputy Braun stopped defendant after seeing him commit various traffic violations.…