CAN I TALK TO A LAWYER BEFORE I SUBMIT TO A URINE, BLOOD, OR BREATHALYZER TEST?

Question

Accepted Answer

When you are suspected of drunk or impaired driving, you may be asked to take a chemical sobriety test, such as a urine, blood, or breathalyzer test. It’s important to know your rights before submitting to a test. Once you are arrested, your Miranda Rights are invoked, meaning you have a right to speak to an attorney. If you can timely do so, you can speak to an attorney before your chemical tests. However, if you cannot speak to an attorney timely, and you refuse to take the test, this still counts as a legal refusal of a chemical test which can result in suspension of your license. Further, despite refusal, the police can still obtain search warrants which force you to comply with the chemical tests. These chemical sobriety tests allow police to determine the amount of alcohol or a substance that you consumed. Unlike field sobriety tests, they are backed by science and can show exact blood alcohol concentration (BAC) levels or the presence of a controlled dangerous substance in the body. In order to ask for a driver to submit to a urine, blood, or breathalyzer test, a police officer must have reasonable grounds for believing that the driver is impaired. Breathalyzer tests are the most common form of chemical sobriety test. Most often, police officers ask you to take a breathalyzer test and/or a field sobriety test while you are pulled over, but you will likely be taken to the police station for a urine or blood test.

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