DUI: Exercise Your Right To Call An Attorney


KRS 189A.105 (3)
After you have been taken into custody on a DUI arrest a corrections officer will ask you to submit to a breath test.  Before you blow into the breath test machine you have the right to contact a lawyer.  The officer must allow you to at least ten minutes to attempt to call your lawyer.  The Kentucky Court of Appeals has ruled that law enforcement officers must make a reasonable effort to accommodate your attempt to contact an attorney, (this effort can include permitting the DUI suspect to obtain his lawyer’s phone number from a third party.)  The trial court will determine whether the suspect’s right to contact a lawyer was reasonably facilitated under a totality of circumstances test.