12. Do I have the constitutional right to speak to an attorney before I have to take a Field Sobriety Test?

In the state of Michigan, and in the vast majority of the states, your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in “custody”. Other states vary from the position that you have the right to consult an attorney upon being arrested to you have the right to presence of counsel to assist you to decide whether or not to submit to a chemical test. If at any time during the officer’s stop, you believe you need an attorney, I believe it is always good policy to ask for an attorney. Listen to what the officer says in response to your request for an attorney, this response could be very important if he misrepresents what the law is to you. This information could go to reflect upon the officer’s credibility and could be used to impeach the officer at trial.