Right to Counsel

When are you entitled to counsel during the DWI process in New Jersey?

According to the courts, you are entitled to an attorney only after you have been arrested, but not throughout your processing at the police station.

You are not entitled to a lawyer at the time of the stop of your car, or even when the officer is requesting that you submit to the road-side field exercises.

Once you are placed under arrest, the officer must advise you of your constitutional rights, which include the right to counsel. You have the right to remain silent. But, according to the courts, you do not have the right to talk to an attorney prior to submitting to the breath or blood test.

If you were asked to submit to a breath test, the officer was required to read you a statement to that effect - you are not entitled to speak with an attorney prior to the breath testing, and that you must submit to the breath testing or risk additional suspension and fines.

If you have any questions regarding how you were processed road-side or at the police station, please call us to discuss your case. We offer a free NJ DWI consultation