Top 100 Trial Lawyers
BBB
Top 40 Under 40
AV Preeminent
The National Trial Lawyers
Top Once Percent
USCCA
LawyerCentral.com
AVVO
AVVO
USCCA
Badge
Best DWI Attorney 2017
10 Best Law Firm

Am I Entitled to a Lawyer Before I Take a Breathalyzer?

Posted by Peter Tilem || 6-Jan-2015

Breathalyzer Many people will ask me whether or not after being arrested for a DUI, they will be given an opportunity to speak to a lawyer before deciding whether or not to take the breath test. The answer is that you should be. Not all police officers know that, and not all police officers are willing to give you time to speak to a lawyer. But the truth is that you have the right to speak to a lawyer before making such an important decision as whether or not to take the breath test.

If you refuse to take the breath test, which is an option, you face a mandatory one year revocation of your driver’s license under the laws of the state of New York. On the other hand, if you take the breath test and you fail the breath test, that is evidence that may be very critical evidence in a prosecution against you for a DUI. This is a critical decision, whether or not to take the test, and the same decision shouldn’t be made for each individual. It’s something that has to be made on an individualized basis based on the facts and circumstances of your situation and the circumstances under which you were arrested and charged.

You should be given an opportunity and you should ask for an opportunity to speak to a lawyer for the purpose of making such an important decision.

Client Reviews
★★★★★
"Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes." Rob
★★★★★
"I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you." Joanna
★★★★★
"I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate everything." W.S.