If I was pulled over and arrested for a 2nd DUI, should I have been allowed to call an attorney?
Question Details: While doing my field sobriety tests I asked if I could or should call my attorney and I was informed by the chp officer that it is a common misconception that a person is allowed to call their attorney and that legally I was not allowed to speak to my attorney or have him present at that time. I also was not Mirandized when I was formally arrested. Were the police correct and within the law to tell me I was not allowed to call my attorney?
Yes. Police do not have to allow you to call and attorney while they are in the middle of conducting an investigation. They were within their rights to refuse you this request at the time.
Nevertheless, their refusal to grant your request could still help your case when used by a trained DUI defense lawyer like myself. First, once you ask for a lawyer, police are not supposed to ask you any further questions as part of their investigation. If they ask you anything after that and you answer, the judge may be persuaded by us to throw out all of your comments. Second, if the encounter was videotaped, the jury may be angered by the police refusal to let you talk to a lawyer and may think police behaved improperly which could help your case and hurt their testimony.
You should consult and retain a well-trained DUI lawyer who can advise you further about your case and take steps to see that every possible avenue of defense is raised in your case.
Best Regards,
David West
Attorney at Law
