Did you ask to talk to a lawyer?
Because DUI is a crime, you have the right to the assistance of an attorney when you have been placed under arrest. The police should have told you that you have the right to speak to an attorney at any time following your arrest and at no cost to you. It is particularly important to contact an attorney when arrested for DUI. At the time you were arrested, a police officer formed the opinion that you were intoxicated. The best defense against the charge of DUI is the assistance of an attorney who can promptly help you gather potentially exculpatory evidence to refute the police officer's opinion about your sobriety. This evidence must be gathered near the time of the arrest to be of any value in your DUI case. An attorney will advise you about what to do even while you are in police custody, such as whether or not you should answer questions or submit to an alcohol breath test.
All the police have to do is tell you about the right to a lawyer - they don't have to contact an attorney for you unless you have specifically asked for one. Most people don't have an attorney on retainer and are unaware that public defenders are usually available at any hour to provide advice. The police maintain a list of attorneys who can assist you while you are in police custody regardless of the time of day or night. You are also entitled to see a phone book or to call someone who may place you contact with an attorney. If the police interfered with your right to consult with an attorney, any evidence obtained by the police after the violation of your right to an attorney may not be used in court. It is always important to investigate the issue of access to counsel as part of a DUI defense.




