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.

Client Reviews
This firm is arguably the best representation money can buy. Highly adept and committed, Evan makes himself available all hours of the day to provide accurate and concise answers to any questions/concerns and put your mind at ease. I was highly satisfied with the results he and his team delivered. Worth every penny. T.N.
I express my utmost gratitude to Evan Levow. When I met Evan, I was charged with a DUI, with a prior DUI 10 years ago. Before that case was over, I unfortunately received another DUI, and was now facing 180 days in jail. In both cases, Evan got the DUI's dismissed! Evan and his team demonstrate knowledge, expertise, professionalism, perseverance, and much more. There is a passion for justice in this firm and I witnessed that "fire" in Evan. Thank You so much. F.C.
You dug through the facts of my case thoroughly and found all the errors that were made by the officers. From the breathalyzer error, to the observed time error, to my condition, to my foot failing the balance test, you dug out all the facts, and I am grateful for that. I am back to my career which is a bus driver and once again thank you. D.B.