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QUESTION: If I am stopped for alleged drunk driving, should I request to speak to a lawyer before I take a breathalyzer test or any field sobriety tests ?
ANSWER: In a nutshell, YES !
In general, when a person is arrested he or she should speak with an attorney. When an individual is placed under arrest his or her Sixth Amendment right to a lawyer is activated automatically. He or she should assert the right immediately !
When law enforcement officers confront an individual who appears prima facie to be dinking and driving, they are trained to perform several different tests --- including field sobriety tests and a breathalyzer test (aka " Blood Alcohol Concentration" test, or B.A.C.); all of which trigger certain constitutional concerns and issues. Once alcohol is consumed and absorbed, it is distributed throughout the body by way of the bloodstream. The person's " Blood Alcohol Level" (BAL) is measured by the " Blood Alcohol Concentration" (BAC) or the amount of alcohol in the bloodstream. It is measured in milligrams of alcohol per 100 milliliters of blood or milligrams percent. A
BAC of 0.10 % means a concentration of 1 drop of alcohol per 1,000 drops of blood.
In sum, if the police officer does not give the person the opportunity to consult with their attorney, the person's guaranteed 14th Amendment right to "due process" is violated under the law.
The reason the person's "due process" is violated is because, for one, the serious effects that a refusal or the result of a breathalyzer will have on the person's ability to drive. The average person's ability to drive (license-wise) is important because it affects that person's employment, livelihood, career, quality of life, other activities, etc. Because of this, people confronted with the decision to take a breathalyzer must be given the opportunity to consult with an attorney of their choice if requested. In addition, if the police officer denies the person's request to speak with an attorney or improperly advises the person and, as a result, there is a refusal, there is a legal presumption that the breath test would be in the accused's favor.
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