Asking for a Lawyer During a DUI stop

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Should I Ask for a Lawyer When Stopped for DUI?

If you are pulled over on suspicion of driving under the influence (DUI), your first instinct may be to ask to speak to your lawyer. However, most states do not require that the police officer give you time to consult with your attorney during the traffic stop.

Although you might not be able to talk to your attorney at this point, it is important to remember that you have legal rights. You do not have to volunteer any information in response to the officer’s questions. Also, your participation in the field sobriety tests, such as balancing on one leg and walking in a straight line, is completely voluntary. It is in your best interests to be as polite as possible, but remember that the officer is looking for evidence to use against you.

At the Time of Arrest: Ask for a Lawyer

If the officer does have reasonable suspicion that you were driving under the influence, you will be arrested and transported to the police station or a hospital for a blood, breath, or urine test. It is important that you remember to ask to speak with your attorney at this point. Depending on what state you live in, you may be able to meet with a lawyer immediately, or you may have to wait until after you take (or refuse to take) these chemical tests. Bringing an experienced attorney in as soon as possible can help protect your rights and prepare a successful defense.


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Last Modified: 11-07-2016 12:16 PM PST

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