Q: Do I have a right to an attorney when I’m stopped by an officer and asked to take a field sobriety test?
When you are stopped by an officer and asked to take a field sobriety test, you do not have an absolute right to an attorney at that moment. According to the information from the Meehan Law Firm, individuals are not permitted to consult with an attorney before performing field sobriety tests, as these tests are considered voluntary. However, you are generally advised to cooperate with the police during the stop and to reasonable request to contact an attorney after the testing has concluded, particularly if you are arrested.
It is important to note that you can refuse to participate in field sobriety tests, but doing so may have legal consequences, potentially including the automatic suspension of your driver’s license as specified by California law. The implications of refusing the test can vary, and it is essential to understand the local laws regarding such refusals, as they may differ significantly from one state to another.
In summary, while you do not have the right to an attorney at the time of being asked to perform field sobriety tests, you should know your rights and the potential consequences of your choices during a DUI stop.