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Criminal Attorney
Criminal Attorney, Lawyer
Category: Criminal Law
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Experience:  Practicing Attorney with experience in criminal law
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If I ask for a lawyer before I take a breathalyzer and the

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If I ask for a lawyer before I take a breathalyzer and the cops tell me that no lawyer would be available and I would be rejectiong the breathalyzer if I wait, is that wrong on the cops part?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Criminal Attorney replied 7 years ago.

Good Evening,


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.

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