State v. Green

In this appeal from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, defendant assigns error to the trial court’s denial of his motion to suppress the results of the Intoxilyzer breath test. The issue is whether sheriffs deputies denied defendant the right to consult with counsel before he consented to take the test by remaining in the room while defendant spoke to the receptionist for an attorney or by terminating defendant’s call while defendant remained on hold for the attorney. The trial court accepted defendant’s description of events at the…