Judge Suppresses DWI Test Result For Violation of Right To Counsel

A Dakota County District Court Judge recently ordered the suppression of a driver's breath test results. Brent Schafer was retained by a driver arrested and charged with DWI. Following an investigation into the facts of the case, Mr. Schafer filed a motion to suppress the breath test results based upon the violation of his client's right to counsel. A hearing was held during which time Schafer called his client to testify and cross examined the arresting officer. The presiding judge agreed with Schafer and found that the arresting officer didterminate Schafer's client's use of the telephone too early in the implied consent process, thus, violating her constitutionalright to counsel. The Judge ordered the test results suppressed and dismissed all the DWI charges.