YOUR RIGHT TO COUNSEL - DON'T BE AFRAID TO CALL

     A fundamental civil right under our justice system is access to counsel--the ability to contact and consult with an attorney any time one deals with representatives of the State, whether police or prosecutors. This right is no less important in the context of an arrest for a DUI. Given the highly technical nature of DUI defense, it is even more important that people understand and avail themselves of their constitutional rights in this situation.

     Unfortunately, most people who are stopped by a police officer simply want to cooperate and will not exercise this right even when the police so advise them. While this may be a laudable attitude, you should not let it work to your disadvantage. You can be cooperative and exercise your rights at the same time. This being the case, don't be afraid to say, "I want to speak to an attorney." 

     The right to consult with an attorney before or during any questioning is protected by the State and Federal Constitutions and by Court rule. The police are required to advise you of your right to speak to an attorney upon your arrest. However, you have the right at any time to refuse to answer questions and speak with an attorney. 

     Most police stations will have the telephone number of an on-call public defender. You may confer with this attorney even though you would not normally qualify for a public defender. This attorney is there to give on-the-spot legal advice for just these occasions. Typically, the public defender will be experienced and well-versed in DUI's and will be able to answer your questions and advise you. 

     Any time you go to an attorney, either public or private, for advice you establish attorney-client privilege. Even if you later proceed with another attorney, anything you say to this on-call attorney will be held in confidence.

     You are allowed to consult with an attorney outside of the hearing of a police officer. While police officers must keep you within view for a 15 minute period preceding your breath test (to insure that nothing is ingested or comes out of your mouth), this does not mean that the police officer has to be within earshot. If the police officer is near enough to overhear you, be sure to mention this to the attorney who will in turn, either directly or through you, ask the police officer to give you some privacy.

     A person in custody who wants a lawyer should be given access "at the earliest opportunity." This access includes a telephone, the number of a public defender, and any other means necessary to place him or her in contact with an attorney. If the police do not have the number of a public, on-call attorney, your next option would be to contact a private attorney. As with all aspects of criminal defense, it would be ideal to speak with an attorney who has experience both in criminal defense and in DUI's. The last resort would be to consult the phone book to locate an attorney. However, since most DUI stops occur outside of business hours, this approach isn't likely to get you anywhere. So be sure to ask the police officer whether anyone at the station has the number for a public defender or an on-call attorney.

     Besides giving legal advice, your attorney serves a valuable function in recording information about your stop and arrest. Most people are released after being arrested for DUI and will often not receive a summons to court until much later. By this time, it is easy to forget important details of what occurred. Also, the ordinary civilian does not know what the important points are to remember about the factual circumstances of your stop and arrest. An experienced attorney will elicit the important information that needs to be recorded. Otherwise, the police officer's report may be the only record of what happened that night. 

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