State v. Hunt

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court’s denial of his motion to suppress evidence that he refused to submit to a breath test, arguing that his refusal should have been suppressed because he was denied his right, under Article I, section 11, of the Oregon Constitution, 2 to consult privately with counsel before deciding whether to submit to the test. We conclude that defendant waived that right. We therefore affirm.

The following undisputed facts are consistent with the trial court’s…