DO I HAVE A RIGHT TO TALK TO AN ATTORNEY PRIOR TO TAKING THE REQUESTED CHEMICAL TEST?

A person under arrest for driving while intoxicated has a statutory right pursuant to R.C. 2935.14 and 2935.20 to communicate with an attorney, and, where an exercise of such right requested, the police must forthwith permit the arrested person to use facilities to make such communication. Siegwald v. Curry (1974), 40 Ohio App,2d 313: 10th District Court of Appeals for Franklin County (taken from syllabus). A good-faith request of an arrested person to exercise his statutory right, pursuant to R.C. 2935.20, to call and attorney, before submitting to a chemical test required by R.C. 4511.191, does not constitute a refusal to take such test where the delay occasioned by the exercise of the statutory right will not unduly or unreasonably delay the administering of the test. Whether a request to consult an attorney is made in good faith and whether the exercise of the right will unreasonably delay administering a chemical test are factual issues to be determined from the facts and circumstances involved. If you find yourself in this difficult position remember to contact Charles M. Rowland II at 1-800-KICK-DUI, an after-hours number is available at 937-776-2671.