Section 1.28 Twenty Minutes and Right to Counsel

• Library: DWI 2014

The right to counsel under § 577.041.1, RSMo Supp. 2012, is limited. “[A]n arrested person has no constitutional right to speak with an attorney prior to deciding whether or not to submit to a breathalyzer test.” Sweatt v. Dir. of Revenue, State of Mo., 940 S.W.2d 540, 543 (Mo. App. S.D. 1997); Green v. Dir. of Revenue, 386 S.W.3d 858 (Mo. App. W.D. 2012). The implied consent law of § 577.041.1 grants a person 20 minutes to contact an attorney, but only if the person requests to speak to an attorney. Therefore, the right to speak to an attorney is not automatic; a person must request to speak with a lawyer. A law enforcement officer has no obligation to advise the driver of the right to contact a lawyer before taking the test. See:

· Norris v. Dir. of Revenue, 304 S.W.3d 724, 726 (Mo. banc 2010)

· Staggs v. Dir. of Revenue, 223 S.W.3d 866 (Mo. App. W.D. 2007)

· Akers v. Dir. of Revenue, 193 S.W.3d 325 (Mo. App. W.D. 2006)

If a person requests to speak to an attorney, even if the person has not yet been advised of the...