The Mass. Supreme Judicial Court has decided a case this week that impacts breathalyzer tests for those charged with DUI. The SJC decided the case of Commonwealth v. Neary-French, SJC-12057. In its decision, the Court reiterated its prior ruling that there is no right to counsel at the time an indiviual is deciding whether to submit to a breath test. The Court determined:
- The decision to take a breath test is not a critical stage of the criminal process; &
- The right to counsel does not attach.
If you find yourself charged with DUI, it is important to know your rights. Contact DUI Attorney Shane W. Surrette at (774) 364-4605 or at email@example.com today.