When you’re arrested for DUI, understanding your rights can make a critical difference in your case. One of the most fundamental yet often misunderstood rights is your constitutional guarantee to call for legal help. Let’s explore exactly what this means for you and how it can impact your case.
Your Constitutional Right to Counsel
Under Section 10(b) of the Charter of Rights and Freedoms, you have an immediate right to legal counsel upon detention. This protection activates the moment you’re detained, whether at the roadside or police station. This right exists because you’re facing:
- Trained law enforcement officers
- Complex legal procedures
- Potential criminal charges
When you’re scared and confused, every word matters. This constitutional protection helps level the playing field between you and law enforcement.
Police Legal Obligations
The police have specific legal duties that go beyond simply mentioning your rights. They must:
- Provide phone access
- Inform you about legal aid options
- Explain how to get free legal advice
- Ensure you understand these rights
- Take additional steps if you’re impaired
Critical Timing Requirements
Timing is crucial and often where police make critical mistakes. While roadside access may vary based on circumstances, at the police station, your right to call counsel is immediate and mandatory. Police cannot delay your call for:
- Breath tests
- Questioning
- Paperwork
Only genuine emergencies justify any delay, and even brief, unnecessary delays can violate your rights and impact court proceedings.
Your Privacy Rights
Privacy during legal consultation is absolute. This means:
- Complete privacy during lawyer calls
- No police monitoring or listening
- Private bathroom visits with dignity gowns
- Confidential medical conversations
- Protected ambulance discussions
It’s important to note that hospitals and ambulances are not “Charter-free zones.”
Protection Against Self-Incrimination
Once you request counsel, your rights activate comprehensive protections:
- Police must cease questioning
- No evidence collection until lawyer consultation
- Right to remain silent without consequences
- Protection throughout the legal process
Legal Consequences of Violations
The landmark Taylor case demonstrates the serious consequences of violating these rights. In this case, police collected blood samples from a suspected drunk driver without allowing lawyer contact. The Supreme Court not only excluded the blood evidence but established clear rules:
- Police must actively facilitate counsel contact
- Officers cannot assume access barriers
- Evidence obtained without proper counsel access faces exclusion
Multiple Defense Strategies
Experienced lawyers employ various defense approaches:
- Charter violations
- Technical procedure challenges
- Evidence reliability contests
- Expert testimony
- Reasonable doubt arguments
Take Action
If police violated any of these rights during your DUI arrest – through delayed calls, privacy violations, or premature evidence collection – you may have grounds for defense. Professional legal consultation can help evaluate your case and protect your rights.
When does my right to legal counsel begin after a DUI arrest?
Your right to counsel activates the moment you're detained, whether at the roadside or the police station. Delaying this right may violate the Charter.
What happens if police delay my call to a lawyer?
Any unnecessary delay in granting access to legal counsel could violate your rights and result in evidence exclusion or other legal consequences.
