The right to counsel in a Farmington Hills DUI case is very limited. No right to counsel exists during pre-arrest roadside questioning of a suspected drunk driver. Similarly, there is no right to counsel during a routine booking procedure, even if it is recorded on video, or during physical sobriety tests following the booking. More significantly, under Michigan state law, an arrested drunk driver has no right to counsel during a breath test examination.
Michigan courts do recognize, however, that for implied consent purposes an accused drunk driver should on request be allowed a reasonable opportunity to at least telephone an attorney before deciding whether to submit to a breath test. If the police deny this opportunity, and the defendant therefore refuses to submit to a breath test, his or her refusal will generally be viewed as reasonable and thus should not trigger a driver’s license suspension under the implied consent law.
Michigan courts do recognize, however, that for implied consent purposes an accused drunk driver should on request be allowed a reasonable opportunity to at least telephone an attorney before deciding whether to submit to a breath test. If the police deny this opportunity, and the defendant therefore refuses to submit to a breath test, his or her refusal will generally be viewed as reasonable and thus should not trigger a driver’s license suspension under the implied consent law.
