With no explanation, chose the best option from "A", "B", "C" or "D". a court to examine the circumstances surrounding an assertion of lawful authority to search to determine whether the consent was sufficiently independent of the assertion to remove its taint. If not, the consent was not freely and voluntarily given. ¶ 18 Although it might be difficult to prove that consent given after an assertion of lawful authority to search was nevertheless freely given, we should not preclude the possibility that it could happen. For example, consent conceivably could be voluntary if, after an officer asserts lawful authority to search, the officer retracts that assertion or an attorney advises that the search is not lawfully required before the subject of the search consents. See Kunzler v. Pima Cty. Superior Court, 154 Ariz. 568, 570, 744 P.2d 669, 671 (1987) (<HOLDING>); State v. Brooks, 838 N.W.2d 563, 571

A: holding 1 that administering a breath test is not a critical stage of the proceedings to which a sixth amendment right to counsel attaches and 2 that the results of a breath test are physical evidence  not testimonial  and thus no fifth amendment right to counsel attaches
B: holding that the odor of alcohol on the defendants breath her admission that she had a few drinks earlier in the evening and a positive result on a breath test do not provide probable cause to arrest her for dui
C: holding that a driver demonstrated his refusal by giving nonresponsive answers to a request for a breath test ignoring a request for a yesorno answer and never taking the test
D: holding that a person arrested for dui has the right to consult an attorney before taking a breath test when such consultation would not delay or interfere with the investigation or test taking
D.