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STATE v. HUNT

057303, 057304, A133746 (Control), A133747.

200 P.3d 165 (2008)

225 Or. App. 51

STATE of Oregon, Plaintiff-Respondent, v. William Hayes HUNT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 31, 2008.

Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief was 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.

SCHUMAN, J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII).1 ORS 813.010. He assigns error to the trial court's denial of his motion to suppress evidence that he refused to submit to a breath test, arguing that his refusal should have been suppressed because he was denied his right, under Article I, section 11, of the Oregon Constitution,

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