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do i have the right to have an attorney present or at least contact one before taking a breathalyzer test. i ask to contact my attorney before giving a breathalyzer test and was refused in collier co. fl.
State/Country of Question: Florida Already Tried: first try. i was having a reaction to fentenyl patch that was increased that day. i had a beer but was well under the limit. i had just thrown up 2 miles before i was pulled over and ask to submit a breath test. i was concerned that would affect the test because i wreaked the smell
HelloCustomerNo you do not have right to have an attorney present for a breathalyzer. Giving a breathalyzer is not testimonial in nature. So even if you had already been arrested for DUI, you would not have the right to consult with an attorney. You could refuse it, but doing so in Florida brings an automatic suspension of your driver's license.
since its the collection of evidence against the defendant, and the personnal is biased why wouldnt the civil rights to have council present so he could collect pertinant info and be sure it is done within guidlines set by law and also since it is being done by biased personnel without a court order, could it be possible to make a case of this civilly
Hello again,It is very clearly not covered by the 6th Amendment right to counsel. As I said, this is not considered by the courts, including the Supreme Court, to be testimonial in nature. In addition, as a licensed driver in Florida, one of the requirements for obtaining a DL is that you agree to submission to a breathalyzer. If the law enforcement officer had wanted to take a blood sample, however, they would have to either have had your consent or a court order in order to do that. That is because it is intrusive. It is the attorneys job after an arrest for a DUI to challenge the evidence that lead up to the test and the accuracy of the results.
Attorney
Licensed Atty, 25 yrs exp in the practice of law.