You have the right to the assistance of an attorney whenever you are arrested for a crime, such as Driving Under the Influence (DUI). If you were arrested for DUI, 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 state. This evidence must be gathered near the time of the arrest to be of any value in your DUI case. In addition, an attorney may provide invaluable advice about your DUI case while you are in police custody, such as whether or not you should answer questions or submit to an alcohol breath test.

However, a police officer will make no effort to contact an attorney for you unless you have specifically asked for one. This does not mean that you must have an attorney on retainer all the time or know of one at the time of your arrest. In the majority of cases, the person who asks for an attorney is placed in contact with an attorney or a public defender by phone. 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 you were denied an opportunity to speak to an attorney after you requested the assistance of one, or 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. Therefore, it is important to determine early in your DUI case whether or not the police violated your right to have the assistance of an attorney.