In People v. Gursey, 22 NY2d 224 (1968), the Court of Appeals recognized that a defendant has a qualified right to consult with an attorney about whether to submit to a breath test when under suspicion or arrest for driving while intoxicated. The Court acknowledged that alcohol dissipates rapidly in the body and therefore a breath test is time sensitive (id. at 229). However, so long as communication between lawyer and client does not "interfere unduly" with administration of the breath test, the police cannot "prevent access between the criminal accused and his lawyer" (id. at 227). The Court elaborated that a telephone call to an attorney would conclude in a matter of minutes and therefore would not interfere with the investigative procedure (id. at 228). Accordingly, "the denial of defendant's requests for an opportunity to telephone his lawyer must be deemed to have violated his privilege of access to counsel" (id.). The Court held that this "privilege of access" does not mean that a suspect has an "absolute right to refuse the test until a lawyer reaches the scene." (People v. Gursey, 22 NY2d, supra, at 229.) "Where the defendant wishes only to telephone his lawyer or consult with a lawyer present in the station house or immediately available there, no danger of delay is posed" which might "nullify the statutory procedure requiring drivers to choose" between taking the test and a license suspension. (Supra, 22 NY2d, at 229.) On the other hand, "if the lawyer is not physically present and cannot be reached promptly by telephone or otherwise, the defendant may be required to elect between taking the test and submitting to revocation of his license, without the aid of counsel." (Supra, 22 NY2d, at 229.)