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Asked for public defender one was never provided

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phasmid123

Junior Member
What is the name of your state? WA

I was arrested for DUI in Seattle, WA. At the station, the arresting officer read my my rights and asked if I want a lawyer, I said yes so he started dialing the phone. 20mins later the phone was still busy so he asked me to do the breath test or he is gonna say I refused. I did and blew over the legal limit. Was my right violated? You think this will help my case?

Another issue: I signed a retainer/fee agree with a lawyer but I'm having second thoughts about the him because he's slow in responding to my question and generally not providing good customer service. In the agreement it says "no pay no work" or something to that effect. I haven't paid anything yet, he hasn't done any work for me. Can I back out of the agreement and hire another lawyer? Thanks for all your help - much appreciated.
 


Ohiogal

Queen Bee
Your rights do not appear to have been violated. Also why should the attorney do work for you if you have not paid? Do you work for free?
 

CavemanLawyer

Senior Member
There is no constitutional right to an attorney until adversarial proceedings have began, which means you are not entitled to one prior to doing field sobriety tests or submitting to the intoxilyzer.
 

FlyingRon

Senior Member
In Washington state, you are allowed to stay the breathalizer tests for 20 minutes to obtain legal consultation as to whether you should submit. It is ON you to find someone in that time frame. A public defender *IS* not provided for you in this case. If you can't find someone to talk to in the 20 minutes, you only have the choice to submit or refuse (with their respective consequences).
 

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