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STATE v. SMALLS

0205-44742; A119943.

120 P.3d 506 (2005)

201 Or. App. 652

STATE of Oregon, Respondent, v. Alden Tilbert SMALLS, Appellant.

Court of Appeals of Oregon.

Decided September 28, 2005.

Attorney(s) appearing for the Case

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

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 HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

This appeal from a conviction for driving under the influence of intoxicants (DUII) presents a single issue: If a driver arrested for DUII cannot afford a lawyer, must the state provide a lawyer to that person before requiring him or her to decide whether to take a breath test to determine blood alcohol content? The trial court determined that the constitutional right to counsel does not extend that far and, consequently, denied defendant's motion to suppress...

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