Do I Have The Right To Consult An Attorney Before Deciding On Whether Or Not To Take A Breathalyzer Or Chemical Test?

Key Takeaways:

• While you technically have the right to consult with an attorney before taking certain tests (i.e., blood tests), most police departments will simply get a warrant to take your blood instead of allowing you to talk to a lawyer first.

There is a set of chemical test rights that every person has. One of those rights is the right to consult with an attorney before speaking to the police. However, having said that, for practical purposes you probably do not have the right to consult with an attorney prior to taking a roadside PBT.

The question of whether you have a right to consult with an attorney before deciding whether or not to take a chemical test is a somewhat grey area. Technically, you do have the ability to call an attorney beforehand, but most police officers and most police departments are not going to give you that opportunity. They’re just going to say, “Okay, if you don’t want to take a Breathalyzer test, I’m just going to go ahead and get a search warrant that allows me to take blood, and we will take you to the hospital and we’ll have a nurse draw blood and we’ll just analyze the blood when determining whether to charge you with drunk driving”.

So, legally, technically, the answer might be that you do have a right to consult with an attorney before making that decision. But for practical and pragmatic purposes, the answer is going to be no. Few police officers or police departments are going to go through the process of allowing you to consult with an attorney instead of just getting a search warrant and taking your blood.

For more information on OWI Law in Michigan, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.