Criminal Law Questions? Ask a Criminal Lawyer.
Thanks for choosing Just Answer.
Unfortunately the cops were correct. A breathalyzer is a test that is very timely and has to be done within a certain time frame. In almost every state in the Union, you have no right to have a lawyer present when you take a breathalyzer. You can ask for a lawyer, but it can count as a refusal. In most states, a refusal means an automatic suspension of your drivers license.
After a breathalyzer if the refuse to let you speak with a lawyer, then they are denying your right to counsel and anything you said after that time could be suppressed.
I hope this has been helpful. If you need further information, please let me know.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).