Does a defendant have an absolute right to refuse the test until the attorney arrives at the precinct?
"New York", United States of America
The following excerpt is from People v. Thompson, 2009 NY Slip Op 52405(U) (N.Y. Crim. Ct. 11/30/2009), 2009 NY Slip Op 52405 (N.Y. Crim. Ct. 2009):
In the event defendant requests an attorney there is no absolute right to refuse the test until the attorney arrives at the precinct, especially if doing so results in an unreasonable delay of the test. People v. Gursey. 22 NY2d 224, 292 NYS2d 416, 239 NE2d 351 [1968].
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