Section 6.38 Statutory Right to Counsel and Implied Consent
| Library | DWI 2014 |
Under the provisions of § 577.041.1, RSMo Supp. 2012, a person who has been arrested for DWI (driving while intoxicated) has a statutory right to attempt to contact and consult with an attorney for 20 minutes before submitting to a chemical test to determine the alcohol content in their blood. Riley v. Dir. of Revenue,378 S.W.3d 432 (Mo. App. W.D. 2012). The right to consult with an attorney for the purpose of deciding whether to submit to the test does not extend from the Constitution, and an officer is not obligated to inform the person of the right to speak with an attorney first. Id. In Riley,a woman arrested for DWI was taken to a hospital to determine her fitness for confinement. During the time that she was being...
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