State v. Duff (1978)

In State v. Duff, 136 Vt. 537, 540, 394 A.2d 1145, 1146 (1978), the Court found that police have a duty to inform drivers processed for DUI and held that "failure of law enforcement officers to advise the defendant of his right to counsel . . . mandates a suppression of the results of the breath test." In State v. Gracey, 140 Vt. 199, 201, 436 A.2d 741, 743 (1981), the Court expounded on our holding in Duff and found that in addition to the requirement that defendants be informed of their right to consult an attorney, they must also be informed "that a needy person may consult with an attorney at public expense" before deciding whether to submit to a breath test.