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Can I speak to a lawyer before I take a breathalyzer test?
Question:
Can I speak to a lawyer before I take a breathalyzer test?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
In most states, if you refuse to take a breathalyzer test, you will be treated and charged essentially as if you are guilty of a DUI. Most states allow a person the “choice” to take a breathalyzer, or any blood alcohol test and field sobriety tests. Choice may not be the right word though because if you choose to not take a test, the police essentially assume you are guilty. You can have your license revoked or pay fines simply based on a refusal to take a breathalyzer.
If you have a lawyer you can contact immediately from the scene of your traffic stop, before you are asked to take a field test or a breathalyzer test, you could maybe talk to your lawyer. The problem in this scenario is that police officers are not likely to allow you time to make phone calls while they are actively testing you for possible impairment.
While a person does have the right to talk to a lawyer when he is arrested, the breathalyzer test is given before a person is taken into custody by police, and usually before police interrogate a driver, so the police do not have to “read you your rights” before the test and do not have to let you talk to a lawyer before taking the test. So generally speaking, the answer is no, but there are always exceptions and a police officer on the scene may allow you to call a lawyer if you ask—but the officer is not required to let you call a lawyer before taking the test. You usually have two choices: you can refuse to take the test presumed guilty, or you take the test and call a lawyer before being interrogated by police.
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