State v. Newton

*790TANZER, J.

In this prosecution for driving under the influence of intoxicants, ORS 487.540, the district court suppressed evidence of a breathalyzer test of the defendant’s blood alcohol content and the state appealed. The Court of Appeals affirmed on the basis of our decision in State v. Scharf, 288 Or 451, 605 P2d 690, rehearing den 288 Or 621 (1980).

In State v. Scharf this court divided on whether a denial of access to counsel violated Oregon’s implied consent statute and required exclusion. A majority held that ORS 487.805 as a matter of legislative policy, assured to an arrested person a…