Can you call your lawyer before a breathalizer?

[hackdotcom]

My friends were outside the house when the cops showed up, both underage, the stayed there to talk to the cops, figuring it would be the best option. My friend (27 days away from his 21st mind you, not that it makes it any more legal, just a bit worse for him) wanted to call his attorney before the police gave him a breathlizer, but they grabbed his hand and told him that he wasn't allowed to call his attorney. I'm not looking to help him contest the ticket, but im interested as to whether what the officer did wasn't according to protocol i.e. illegal. Any information would be great.

Oh and we're in Anoka county Minnesota.

 

[racer72]

One has the right to have an attorney present before questioning after one is arrested. There is no legal right to have an attorney present before hand.

 

[CdwJava]

There are a couple of states that will permit a call to an attorney if one is immediately available - I do not know that MN is one of them. Even those do not require the police to stand around tapping toes while you try to find one.

However, since the evidence (the alcohol) is metabolizing in the blood, an exigency exists to obtain the evidence. So, the police are generally not going to permit you to waste time trying to find an attorney. You can choose to blow or not to blow and face the consequences of whichever decision you make.

So ... why was this posted in the "Drug Charges" folder?

- Carl