State v. Garvey

The sole issue in this appeal is whether a DUI suspect’s license may be suspended for refusing to submit to a blood alcohol test when no public defender can reasonably be reached before the suspect is required to decide whether to take the test. The superior court ruled that defendant’s refusal, rendered without consulting an attorney, warranted the license suspension sanction. We disagree and reverse.

Just after midnight on July 23, 1989, defendant was processed for DUI at the Hardwick Police Department. As part of the process, defendant was advised:

You have the right to talk with a lawyer…