State v. Larrett

Defendant is charged with driving under the influence of intoxicants (DUII). ORS 813.010. The court granted her motion to suppress evidence of her refusal to submit to a breath test on the ground that she had not had a reasonable opportunity to consult an attorney. The state appeals, ORS 138.060(3), and we reverse and remand.

The facts are undisputed. Defendant was involved in a single-car accident when her car went down an embankment. Deputy Sommer arrived at the scene of the accident at 8:05 p.m., while defendant was still in the car and paramedics were attending to her. Although she told…