Do I have the right to an attorney when an officer asks me to take a field sobriety test?
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Written by
Jeffrey Johnson
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UPDATED: Jul 16, 2021
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The law on this varies from state to state. As a general rule, however, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for an attorney. However, if you have the presence of mind to ask for an attorney before taking the field sobriety test, then presumably you would have the presence of mind to decline to take the field sobriety test. It can only help the officer, is highly unlikely to help you, and a refusal is not penalized. This does not apply to the blood, breath or urine test though.