Criminal Law Questions? Ask a Criminal Lawyer.
You have the right to hire any attorney you please if that is what you are asking. If the court is going to appoint counsel then you would not have a choice. I cannot tell from your question exactly what the circumstances were that you would have to ask the question since you would obviously have the right to hire whomever you please.
The state laws regarding submitting to a BAC or other test are written under the theory of implied consent. If the test is not taken within a certain amount of time it is deemed to have been refused whether the defendant contacts his or her attorney or any other attorney. Under your theory it could take a day or two to contact a particular attorney making the test useless. Therefore everyone could avoid taking a test by simply not being able to contact his or her attorney. Since the vast majority of DUI arrests occur after normal business hours everyone could avoid the test and not be charged with a refusal.
When you sign up for a drivers license you are giving the state your consent to be tested if stopped and there is probable cause for a DUI arrest. You always have the right to refuse the test pursuant to the Fifth Amendment right against self incrimination but you can also be charged with the refusal pursuant to the implied consent laws. This has nothing to do with the right to counsel since the implied consent laws are not related to the right to remain silent etc.
So the officer cannot deny the request to contact the attorney of your choice but he can cite you for a test refusal if the test is not taken within a specific time period, usually 2 hours. I believe you have an issue if the officer denied the phone call since offering a phone book is not sufficient. I agree with you that the officer was wrong but whether a court will throw out the test refusal is anyone's guess. That would then be an issue for an appeal.
Had the officer permitted the phone call and you were unable to reach your attorney then I do not believe you would have a case but to deny you the right to make the call would appear to be a valid issue. I did read the entire question and I never saw any mention of being in handcuffs.
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