by | last updated on December 27, 2017

No. In Florida, a person who has been arrested for driving under the influence (DUI) only has the right to spealk with an attorney after they have been placed under arrest and are being questioned by the police.  Unfortunately, the courts have said that asking asomeone who has been arrested whether they will submit to a blood, breath or urine test does not call into play the right to counsel.  Miranda warnings are required for incustodial interrogation.  However, even though someone who has been arrested does not have the right to speak to an attorney until after submitting or refusing to take athe breath or urine test, the police cannot force anyone who wants to invoke their constitutuonal right to remain silent to speak with them.   Being asked to take a chemical test does not qualify as an interrogation.