Can Someone Consult An Attorney Prior To A Chemical Test?

If you are arrested for a DUII, and you would like to speak to an attorney prior to taking the breath test, you absolutely can. You are allowed to speak in private with an attorney. Often what they’ll do is they’ll hand you a phonebook and they’ll place you in a room with some privacy to make that phone call to an attorney and to get those questions answered. But your chances of calling an attorney, and getting an attorney on the phone at 3 am, are slim to none. There are some attorneys that do answer the phone, but most attorneys are sleeping at that time, and good attorneys are often getting ready for court or trial the next day. If you are wanting to know your rights about whether or not you should take a breath test, you can always consult with attorney to find out that information before the incident, as an informational meeting to know your rights, but in that sort of spur of the moment situation, I doubt you’re going to get that answer that you’re looking for. However, you are afforded an opportunity and you do have a right to talk to an attorney prior to taking that test. I always recommend people knowing the right before ever getting in situations like that.

Shannon I. Wilson, Esq.

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