DUI and Tests, curious debate.

What is the name of your state? Ohio

I was having a debate with some coworkers about DUI's and getting tested for it. (ie field tests, breath, urine) Anyway, the debate led to wether or not they could suspend your lic. for refusal if you stated this "I will do anything you want me to as soon as we contact my attorny" once you got pulled over. Then being completely passive and compliant with the officer and not saying anything else or doing any tests.

Would this be a refusal since you agreed to do anything they wished as soon as your attorny was present?

Is is not your right to have one present from the time you get pulled over?

If you ask for one, do they have to provide you with one in a timey manner or allow you to contact yours?

Can they still question and pressure you to test once they arrest you after you asked for an attorny?


Sorry for the fun, but we are the debating type. We know health care but not law and I wanted to get a better answer than "I dont know lets find out." LOL This is a purely a speculatory inquiry, noone has done this that I am aware.

[TYRIS]

Originally posted by Suticat
What is the name of your state? Ohio

I was having a debate with some coworkers about DUI's and getting tested for it. (ie field tests, breath, urine) Anyway, the debate led to wether or not they could suspend your lic. for refusal if you stated this "I will do anything you want me to as soon as we contact my attorny" once you got pulled over. Then being completely passive and compliant with the officer and not saying anything else or doing any tests.

Would this be a refusal since you agreed to do anything they wished as soon as your attorny was present?

Is is not your right to have one present from the time you get pulled over?

If you ask for one, do they have to provide you with one in a timey manner or allow you to contact yours?

Can they still question and pressure you to test once they arrest you after you asked for an attorny?


Sorry for the fun, but we are the debating type. We know health care but not law and I wanted to get a better answer than "I dont know lets find out." LOL This is a purely a speculatory inquiry, noone has done this that I am aware.

no, you do not have the right to have an attorney present during the questioning or the tests. if you refuse to do the tests, regardless of the reasons, then it is a refusal.

TYRIS

[Bravo8]

I'll expand a bit on Tyris' response......

In most states, there are various laws often refered to as "Implied Consent" or something to that effect. It basically states that refusing to submit to the required testing will result in a suspension of you driver's license (in Pa, it's a year).

Your Miranda rights do not apply to the taking of this test, as you have no protected right against evidence collection. You submitting to a test to determine your BAC is just that....evidence collection and not self-incrimination.

Now you obviously would have a right to remain silent and speak with an attorney if they were asking you questions relating to the offense.

In Pa, we are required to give the O'Connell warnings, which basically explains our implied consent law. It specifically states that remaining silent will be interpreted as a refusal.

Thanks Bravo,
That explained it for me. I cant wait to tell them this at work. It should spark some more great debating.

lawyers dont do much for a DUI arrest.They will take your money and run.

[Bravo8]

Originally posted by mcormick
lawyers dont do much for a DUI arrest.They will take your money and run.

So far I have read 5 threads that you have responded to...yet not once have you actually added anything of substance. Hell.....you haven't even added anything ammusing!

BTW....in Pennsylvania, DUI is a criminal offense, and requires you have an attorney.

I didnt know I was supposed to be amusing.I love getting under the skin of lawyer or wanna-bes.I found it ironic that it is a law in Pennsylvania that you have to hire a lawyer..I wonder what lawyer group got that law passed. Thats good job security.It keeps the gravy train going .The lawyers have to pass a law to keep thier pockets filled. Thats sad. I rest my case pardon the pun. Thanks for proving my case.

[Bravo8]

Well....I don't know how I proved your case, but you're welcome.

I'm not a lawyer, if that's what you were inferring.

And Pennsylvania doesn't require you hire an attorney, just that you must be represented by counsel. That includes the Public Defender. They will appoint a PD for yuou if you choose not to provide your own counsel.

The reason I said that you haven't even added anything ammusing is b/c I could have appreciated your useless posts if they were humorous. You see....it was contigent upon the first sentence, "So far I have read 5 threads that you have responded to...yet not once have you actually added anything of substance." You conveniently chose to sidestep this issue, probably b/c even you know its true. So thank you for proving my point.

Have a great day!