Click Here for Free Consultation

Arizona DUI Defense: Denial of Right to Counsel

In cases involving driving under the influence (DUI), obtaining an attorney is even more critical than in other cases of arrest. Because alcohol dissipates in the body over time, and because blood alcohol content is crucial evidence in a DUI case, it is critical to speak to an attorney as soon as possible. Police may inform the person that their blood alcohol content is over the legal limit when it may not be, and when right to counsel is denied, determining whether a person was truly intoxicated becomes all but impossible. While the police are preventing you from speaking with an attorney, your body continues to burn off alcohol. If you were potentially below the legal limit of .08 BAC, your attorney would advise you to immediately submit to the police requested chemical test and request to be released in order to obtain an independent test at a hospital. Denial of Right to Counsel can result in suppression of the chemical test and/or dismissal of the entire case!

David Cantor explains the Arizona DUI Defense: Denial of Right to Counsel:

 

 

Key cases on the issue exist of denial of right to counsel and how it can affect the outcome of a DUI charge:

Holland v. State of Arizona

In Holland v. State of Arizona, after the defendant’s arrest for DUI, he requested to speak to his attorney prior to submitting to a blood alcohol content test. His lawyer requested a private consultation, but the arresting officer remained in the room, which meant the lawyer was unable to ask specific questions such as “What did you drink?” “When did you start drinking?” “When was the last time you ate?” Because the lawyer was unable to ask those questions, he could not advise whether the defendant should or should not take the breathalyzer test. The Supreme Court ruled in the defendant’s favor, stating that the accused had a right to a private consultation, and that because his rights were violated, the test results were inadmissible, causing the case to be dismissed. (http://www.leagle.com/decision/1985600147Ariz453_1515)

Juarez v. State of Arizona

In Juarez v. State of Arizona, the defendant was arrested just before 7 PM and transported to the closest police station with a blood alcohol content test device. The officer and the defendant arrived at the station around 8:40 PM, and the officer read the defendant his rights regarding taking the test. However, the officer also included a statement that “You will not be allowed to call an attorney before deciding if you will take this test.” The appeals court ruled that this statement was incorrect, and vacated the guilty verdict against the defendant, remanding the case for a new trial. (http://www.leagle.com/decision/198923716Ariz76_1221)

Edwards v. State of Arizona

Although Edwards v. State of Arizona is not related to a DUI charge, the United States Supreme Court determined that the defendant’s statement of “I think I should talk to a lawyer” was equivocal, or ambiguous, and that the law required unequivocal language when a defendant requested an attorney. In other words, someone charged with a crime, even DUI, should state “I want to talk to a lawyer” or “I need to talk to a lawyer.” Once the defendant makes either of those statements, all questioning must cease and the police must provide a phone and a private area for a phone call to an attorney.

Penney v. State of Arizona

The latest case, Penney v. State of Arizona, involved a defendant arrested for DUI who demanded to speak to an attorney, The police placed him in a room with a telephone and phone book, but rejected his requests for assistance when the defendant stated that the pages with attorney’s names and phone numbers had been torn out of the book. According to an appeals court, the defendant’s rights were violated because he had not been provided access to phone numbers of attorneys who could represent him, and ordered the case dismissed.

These cases all indicate how critical obtaining an attorney is when facing a DUI charge in Arizona. Lawyers advise whether to submit to blood alcohol content testing, what questions to answer, and other advice that is critical to a successful DUI defense. If you were stopped for a DUI and were denied your right to counsel, contact us online or by phone (602-560-4004) today for a free case review. Please take time to review our Case Victories section for DUI cases that we’ve won in Arizona.

Comparison Questions to Ask When Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.


CURRENT/PAST ASSOCIATIONS & AWARDS


10.0 Superb Rating AVVO Criminal Defense

10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

AV-Highest Rated Preeminent Lawyers
Martindale-Hubbell


Life Member
National Association of Criminal Defense Lawyers

Super Lawyer Criminal & DUI Defense

Super Lawyer
Criminal & DUI Defense

Ranking Arizona

Voted #1 (2020)
Ranking Arizona

Nation's Top 1% Attorney National Association of Distinguished Counsel

Top 1% Attorney
National Association of Distinguished Counsel

Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Client Satisfaction Award American Institute of DUI / DWI Attorneys

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer American Society of Legal Advocates

Top 100 Lawyer
American Society of Legal Advocates

Member National College for DUI Defense

Member
National College for DUI Defense

Top 10 Attorney National Academy of Criminal Defense Attorneys

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member Trial Masters

Charter Member
Trial Masters

Member DUI Defense Lawyers Association

Member
DUI Defense Lawyers Association

Lifetime Charter Member Best Attorneys of America

Lifetime Member
Best Attorneys of America

Member American Bar Foundation

Member
American Bar Foundation

Sustaining Member Arizona Trial Lawyers Association

Sustaining Member
Arizona Trial Lawyers Association

America's Top 100 Criminal Defense Attorneys

Member
America's Top 100 Criminal Defense Attorneys

Member American Association for Justice

Member
American Association for Justice

Life Member Arizona Attorneys for Criminal Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney National Advocacy for DUI Defense

Superior DUI Attorney
National Advocacy for DUI Defense

Superior DUI Attorney National Advocacy for DUI Defense

2019 Litigator of the Year
(Criminal Law)

American Institute of Trial Lawyers

Member Since 1989 American Bar Association

Member Since 1989
American Bar Association

DUI Expertise

Best DUI Lawyers in Phoenix
Expertise

Call Now Button