State v. Greenwood

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, and moved to suppress the results of an Intoxilyzer test that he took shortly after his arrest. The trial court granted defendant’s motion to suppress, and the state appeals. ORS 138.060(3). Defendant asserted, and the trial court agreed, that defendant had not been afforded a reasonable opportunity to consult with an attorney before deciding whether to take the Intoxilyzer test. The state appeals, arguing that defendant was afforded a reasonable opportunity to consult with an attorney and alternatively…