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Barry Boches & Associates

Can I Contact My Attorney Before Deciding Whether Or Not To Take A Breathalyzer?

In rare circumstances, the police will give you the opportunity to contact an attorney before taking a Breathalyzer, but it is rare. I tell everyone not to take any tests. Be polite and give them your license and registration. Do not talk to them about where you are coming from or how much you have had to drink. Do not perform any sobriety tests. They will have no evidence. If you are absolutely sure you are sober, then cut to the chase and offer to take a Breathalyzer. Keep in mind that if you have smoked marijuana or you are under the influence of a prescription drug, you can still get a DUI.

What you hear on TV about everything you say being used against you in a court of law is absolute truth and you are not even entitled to those Miranda warnings when you are only being talked to by the police because they haven’t arrested you yet. They are not going to give you Miranda warnings until you are sat down in a police car or back at the station.

Will It Help My DUI Case If The Arresting Officer Was Outside Of His Jurisdiction?

A police officer can only pull people over where he has jurisdiction. He can arrest people anywhere in the state because even a citizen can make a citizen’s arrest. You have to be very careful of that because if you make a citizen’s arrest and the judge later finds you didn’t have probable cause to do it, there is going to be a big lawsuit against you and you are going to lose. Police cannot use police equipment outside of their jurisdiction. If that happens, the case should be dismissed.

For more information on Contacting An Attorney Prior To A Breathalyzer, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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