In 1982 Nebraska enacted its current DWI and implied consent statutes. This article analyzes the scope of the right to counsel afforded under the fifth and sixth amendments and the policy reasons for granting such a right in particular cases. Next, these tests and policies are applied to the accused's decision to submit to chemical analysis to determine whether such a right exists, or should exist. Finally, some of the administrative problems with affording such a right to counsel are addressed.
To Submit or Not to Submit—Where Is My Attorney? The Right to Counsel before Submission to Chemical Testing in a DWI Proceeding,
63 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol63/iss2/6