When does a person arrested for DWI have an absolute right to the assistance of an attorney ?
Under our Federal and State Constitutions, persons have an absolute right to the assistance of an attorney at their criminal trial. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some pretrial stages, a person in custody has a right to assistance of an attorney for one purpose but not for another purpose, i.e., for assistance in answering police interrogation questions but not for deciding whether or not to take a breath or blood test. Generally speaking, any person who is in custody of a police officer wherein it would objectively be viewed he is under arrest, even if the person has not been told so, is entitled to be informed of his rights to remain silent, to have assistance of a lawyer prior to and during any interrogation, to have a free attorney if he is financially unable to hire one, and, to terminate any such interrogation. However, deliberate or negligent violations of these rights by police do not mean the person’s criminal prosecu
