***FYI....Asking to consult a lawyer is a breath test refusal!***

Hi,

Did you know that? I sure didn't ...aheheheh

Most people believe that since they are being asked a question (i.e. “Will you take a breath test?”) that they have a legal right to talk to a lawyer before answering the question. Unfortunately that is not the case.
In fact, insistence on speaking to an attorney before making the decision will lead the officer to mark on the DIC paperwork that you refused to take a breath test. This legal analysis was upheld in Texas Dept. of Public Safety v. Raffaelli, 905 S.W.2d. 773:

http://dwi.austindefense.com/2007/01...-test-refusal/

Be safe out there and have fun!

Sincerely,
Wet

Good thread. It is probably one of the most misunderstood aspects of our criminal justice system. Hell, there are countless cases when even the courts get this wrong. You're right to counsel (free counsel at least) only kicks in after you're arrested, or you are in a "police-dominated environment." (see Illinois v. Perkins) I think it needs to change though. Cops are way too zealous with their DWI/alcohol-related arrests lately. In fact, according to a recent report, Travis County leads the state in dismissals of such cases. I am going off of memory, but I think outright dismissals stand at over 40%! Something needs to change, and quickly. But, if I were drunk and I knew it, I would refuse the test and fight like hell in court to get it overturned. With the current trend of search and seizure cases though, it will only get worse for people as the courts seem anxious to give more and more power to the police. :(