began processing Marrs for the breath test, and his breath was taken at 2:28 a.m.
Hillard testified that he drove immediately to the police station after the phone call, a trip of about five to eight minutes. Once there, he identified himself as Marrs' attorney and was kept waiting about ten minutes before being allowed to see Marrs. He interviewed Marrs at approximately 2:40 a.m., after Marrs had finished taking the breathalyzer test.


*1165 DISCUSSION
The municipality first challenges District Court Judge Elaine M. Andrews' factual finding that after Marrs talked to Hillard on the telephone, Marrs told a third officer, not Officer Newell or Officer Dang, that his attorney was on his way to the police station. Judge Andrews stated that she arrived at this finding because she believed theof them could have given Marrs the implied consent warning in an effort to inform him of the scope of his right to contact counsel.
The municipality also challenges the trial court's suppression of all the evidence obtained from the moment Marrs first spoke with his attorney on the phone until after Marrs spoke with his attorney in person. This included the results of the breathalyzer test. Judge Andrews stated that there were two considerations behind her decision to suppress. The first was that Marrs was not able to communicate privately with his attorney during the telephone call. Second, her "major consideration" was that
the breathalyzer was given somewhere between seven and twelve minutes after he talked to his attorney and the attorney could have gotten there within a twenty