Right to remain silent? Not so much…

The Court of Appeals in a recent decision held that where a driver remained silent when asked whether she would submit to a blood alcohol test during a DWI stop, she had refused the stop and her license should be suspended for one year. Had she asked for a chance to contact a lawyer, she might have had a different result. The court remarked in a footnote that:

The right to contact an attorney is triggered only if the driver specifically requests to talk to his lawyer.

So, you have a right to remain silent, except sometimes you don’t, but even some of those times, you can still ask for a lawyer. It’s always safe to ask for a chance to talk to your lawyer and sometimes extra rights are triggered when you do.

I want my lawyer.

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