D050963T, A130209.

199 P.3d 885 (2008)

225 Or. App. 9

STATE of Oregon, Plaintiff-Respondent, v. Donnie J. CARLSON, true name Donnie Jason Carlson, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 31, 2008.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief were Ingrid Swenson, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Presiding Judge, and SCHUMAN, Judge, and RIGGS, Senior Judge.


Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of his motion to suppress the results of his breath test. He argues that he was denied the right to counsel under Article I, section 11, of the Oregon Constitution,1 because he was not given a reasonable opportunity to consult privately with counsel before deciding whether...

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