Q: Am I entitled to call a lawyer to determine if I should take a breathalyzer during a DWI arrest?
A: Yes, under the case of People v. Gursey, as long as you have the name of an attorney who you wish to consult with, and have the number handy (you cannot unnecessarily delay the process), you have an absolute right to consult with counsel to determine if you should take the breathalyzer or not.
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