State v. Carlson

MEMORANDUM OPINION

PARKER, Judge.

This appeal is from a judgment of conviction for driving while under the influence and driving with an alcohol concentration of .10 or more. Appellant Ricky Carlson contends the Intoxilyzer test results should have been suppressed because he was not allowed to speak with counsel before taking the test. We affirm.

FACTS

According to the stipulation of facts, Carlson was lawfully stopped on December 29, 1984, observed by a North Branch police officer, and arrested on suspicion of DWI. He was then read the implied con*626sent advisory. Carlson agreed to take a breath…