State v. Smalls

This appeal from a conviction for driving under the influence of intoxicants (DUII) presents a single issue: If a driver arrested for DUII cannot afford a lawyer, must the state provide a lawyer to that person before requiring him or her to decide whether to take a breath test to determine blood alcohol content? The trial court determined that the constitutional right to counsel does not extend that far and, consequently, denied defendant’s motion to suppress evidence of his breath test results. For the reasons we describe below, we affirm.

The facts are straightforward and, as pertinent to…