IN: DRE exam requires warning of right to counsel under state const.

The Indiana Constitution recognizes a right to warning that counsel may be consulted of a person in custody before a consent search is sought in Pirtle v. State, 323 N.E.2d 634 (Ind. 1975). That has been held not to apply to FSTs or PBTs because they are so short in duration. A DRE, however, takes 30 minutes, so Pirtle applies. Dycus v. State, 2017 Ind. App. LEXIS 887 (Dec. 29, 2017).

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