If you have been arrested for a DWI remember seven important words “I want to talk to my attorney”. Before giving any statements, before taking any test, you are allowed a...
If you have been arrested for a DWI remember seven important words “I want to talk to my attorney”. In Missouri, before giving any statements, before taking any test, you are allowed approximately twenty minutes to call an attorney. If you request an attorney and are not allowed the opportunity contact one, the test results (or test refusal) may be thrown out entirely. The police usually understand this and will allow you the extra time before taking the test if you just ask for it.
Use this opportunity to contact an attorney and discuss whether you should take the breathalyzer test or not. There is no standard advice I can give which can cover every client under every circumstance. Even if the circumstances of the arrest are identical I might advise one client to refuse and another to take the breath test based upon how many prior DWI convictions the client has.
Who Should and Should Not Take a Breath Test?
When deciding whether my client should take the breath test or refuse it, some of the basic questions I ask are:
- What was the officer’s reason for pulling you over?
- Was there anyone else in the car with you?
- Where were you coming from and going to?
- Did you take any field sobriety tests?
- How much have you had to drink?
- When did you have your last drink?
- How many prior DWI convictions do you have?
The problem is that many of my clients who were arrested for DWI didn’t know that they were allowed to speak to an attorney before taking any test or giving any statement and so they never asked. Don’t let this happen to you, assert your rights and ask to talk to an attorney immediately after you are arrested. If you have been arrested for DWI and need representation visit my website.From the author: St. Louis DWI Attorney