"I want my lawyer!" Your right to an attorney during a DUI investigation

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9 жыл бұрын

You have a constitutional right to have an attorney present whenever you are being interrogated while in police custody. However, in Virginia, you do not have a right to an attorney unless you are being interrogated while you are in police custody. This usually does not apply to a normal DUI investigation on the side of the road prior to being arrested. Additionally you do NOT have a right to have an attorney present during the breath or blood test.
If the police do ask you questions while you are in police custody you can force them to stop interrogating you by firmly and unambiguously demanding that you have a lawyer during the interrogation.
For more information about your Miranda rights and other rights check out nicholsgreen.com/practice-area...
If you have been arrested for DUI in Northern Virginia, call (703) 383-9222 for free consultation with the lawyers of Nichols & Green pllc.

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@NicholsGreen 9 жыл бұрын

The case of Stevens v. Commonwealth (2011) is an example of why suspects need to be extremely clear when they request an attorney and how the law is interpreted differently in each state. In the Stevens case, Stevens was interrogated by detectives and he told the Detectives "I want a lawyer, man". The Detectives continued to talk to Stevens and he later confessed during the interrogation. The confession was allowed into evidence because the Supreme Court of Virginia declared that it was unclear whether Stevens was asking to be appointed a lawyer for purposes of his trial or whether he wanted a lawyer present during the interrogation. So, if you are in Virginia, and a police officer takes you into custody and interrogates you, make sure you are clear that you want an attorney during all interrogations and then stop talking.

@Saidoromo2024 6 жыл бұрын

Informative

@MarsMan1 8 жыл бұрын

Good Info. The Sheeple do not have many rights!

@NicholsGreen 8 жыл бұрын

+Liberty Jones We don't have many rights, especially if we consent to give them away on the side of the road.

@anshunidamanuri9823 7 жыл бұрын

What if your detained?

@NicholsGreen 7 жыл бұрын

It depends on the level of the detention. Being detained to a level similar to being arrested triggers your Miranda rights (which include your right to a lawyer). Slight detentions, like a normal traffic stop do not trigger these rights. So officers don't have to read you your miranda rights when the pull you over for speeding and ask "Do you know how fast you were going?" but if they arrested you and asked that question they would have to mirandize you first.

@anshunidamanuri9823 7 жыл бұрын

NicholsGreen That makes sense, thanks for the explanation!

@josephbanks6989 8 жыл бұрын

I asked for a lawyer in the station because I couldn't urinate. They ignored me. I said exactly this "When they get a lawyer here, I'll take the urine" Does that count

@NicholsGreen 8 жыл бұрын

+Joseph Banks in Virginia, Demanding a lawyer can put an end to interrogation but demanding a lawyer does not excuse someone from taking mandatory testing. So, for example, if you get arrested for DUI in Va. you may be required to take a breath or blood test. You do not have a right to have your lawyer present during blood or breath testing.

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