Can I talk to a lawyer before I have to take a blood test for DUI?

If you have been arrested and charged with DUI, you may have wondered after the fact if you were legally entitled to speak with an attorney before taking the DUI blood test. The answer lies in the laws of your particular state. More and more states are implementing implied consent laws meaning that when you obtained your driver’s license you gave implicit consent to be tested should you be suspected of DUI. A police officer also has the authority to get a search warrant and take your blood for testing even after you’ve refused the test. More law enforcement departments are seeking these type of warrants to get a compulsory blood test after a driver has refused a breath test. No matter the circumstances you should immediately request an attorney—then stop talking completely. The implied consent warning states that if you take the breathalyzer test and the result is over .08, your license will be suspended for at least 90 days. If you refuse the test, your license could be revoked for at least one year. You can, however, refuse to take the Field Sobriety tests, as this is simply more evidence to use against you. No matter what time of day or night it is, however, once you request that the officers put you in contact with a phone so you can call

Request an Attorney

Your request for legal counsel is a right guaranteed to you, and can’t be used as evidence of guilt, even if you request an attorney before you’ve been arrested. Once you ask for an attorney, the police are no longer legally able to question you about your alleged criminal conduct. Remember that your goal is not so much to avoid being arrested, as that will probably happen anyhow, but to avoid giving any incriminating evidence against yourself. Ask for an attorney, then call the most experienced DUI attorney you can find to lessen the future consequences of your DUI stop.