State v. Matviyenko

Defendant was convicted of driving under the influence of intoxicants (DUII). ORS 813.010. On appeal, he challenges the denial of his motion to suppress evidence of his Intoxilyzer test results on the ground that he was denied the opportunity to consult with counsel before deciding whether to consent to taking the test. We reverse.

We take the following facts from the record of the suppression hearing. Trooper Axelson arrested defendant for DUII. At the time of the arrest, defendant stated that he wanted to call an attorney, and Axelson told him that he could call an attorney from the patrol…