Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test?
No. You do not have a right to counsel until you are formally placed under arrest. By this time most DUI arrestees have already said -- and done -- to much. In most cases, the officer has already decided to arrest you before asking you to perform the usual roadside tests. In effect, by asking you to perform these tests he is simply seeking additional evidence against you because these tests are designed, and scored, to make the subject "fail." The most prudent course of action is to request a lawyer immediately upon being stopped. Ask the officer to note the time of your request on his or her report. Produce requested documents (driver’s license, proof of insurance and registration) and say -- and do -- nothing more.
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