Do I have a right to a lawyer when I'm stopped by an officer and asked to take a field sobriety test?
As a general rule, there is no right to a lawyer until you have submitted to (or refused) breath testing. There is a right to consult with counsel upon being arrested or before deciding whether to submit to a BAC test. You have the right to consult a lawyer before your decision to take the BAC test, but you don't have the right to have the lawyer present while taking the test. The general rule is that the officer only needs to take reasonable steps to place you in contact with a lawyer, including providing you with the name and number of the public defender. If a lawyer cannot be located after a reasonable attempt, you must decide without contact with a lawyer whether or not to take the BAC test.
Questions
- How do I pick a good DUI defense lawyer?
- What can a good DUI defense lawyer do for me?
- What do police officers look for when searching for drunk drivers on the highways?
- Do I have a right to a lawyer when I'm stopped by an officer and asked to take a field sobriety test?
- What is the officer looking for during the initial detention at the scene?
- Should I agree to take a breath test?
- Do I have a choice of chemical tests?
- The officer never gave me a Miranda warning: Can I get my case dismissed?
- What is the criminal punishment if I am convicted of DUI?
- What is a sentence "enhancement"?
- What is a deferred prosecution?
- What is an ignition interlock?
- What are the licensing consequences if I take the BAC test or refuse the test?
- Do I have the right to an Administrative Hearing before my license is suspended?
- Can I get a temporary license if I’m suspended?
