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Right To Counsel In Arizona DUI Cases

Right to Counsel

You Have the Right to an Attorney

The Sixth Amendment guarantees a person accused of a crime, such as a DUI, the right to counsel. In broad terms, this means the accused has the right to an attorney to assist in her defense.

When Does the Right to Counsel Attach in Arizona?

In Arizona the right to counsel attached earlier than in federal cases.

Rule 6.1 of the Arizona Rules of Criminal Procedure provides the right to counsel includes:

  • The right to be represented by counsel includes the right to consult privately with counsel, or the counsel’s agent, as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody…

Accordingly, the government may not, without justification, prevent access between a defendant and his lawyer, in person or by telephone, when such access would not unduly delay the DUI investigation and arrest.

Important Right to Counsel Cases

  • Powell v. Alabama, 287 U.S. 45 (1932) – the Supreme Court ruled that “in a capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, it is the duty of the court, whether requested or not, to assign counsel for him.”
  • Johnson v. Zerbst, 304 U.S.458 (1938) – the Supreme Court ruled that in all federal cases, counsel would have to be appointed for defendants who were too poor to hire their own.
  • Gideon v. Wainwright, 372 U.S. 335 (1963)
  • Kunzler v. Superior Court, 154 Ariz. 568, 569, 744 P.2d 669, 670 (1987) – Despite the two-hour window, a defendant is entitled to the advice of counsel when in custody, “and the state may not unreasonably restrict that right.”
  • Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964)
  • Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, (1964) – When counsel has been retained for a prisoner, the government cannot deny the lawyer reasonable access to the client, nor may they ignore (the lawyer’s) request that he be allowed to confer with his client prior to, if not during, the interrogation.

Right to Counsel FAQs

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 602-560-7837 today!

  • When do you have the right to speak with an attorney in Arizona?

    The right to speak with an attorney actually attaches sooner in Arizona than it does under the federal law. Under Rule 6.1, of the Arizona Rules Criminal Procedure:

    A defendant has the right to be represented by counsel in any criminal proceeding. The right to be represented by counsel includes the right to consult privately with counsel, or the counsel’s agent, as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow counsel to adequately prepare for the proceeding.

  • Can the police continue to question you after you have invoked your rights?
    The general rule is no.
  • What if you start talking to the police after invoking your rights?
    It is possible that those statements may be used against you.  Reinitiating a conversation with law enforcement may be considered a waiver of your Miranda Rights.

Hiring an Experienced DUI/DWI Attorney

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.

An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.

You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.

An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 560-7837 or visit our contact page.

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Hear From the People We’ve Helped

Testimonials and Reviews

At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Great trial attorney."

    Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.

    - Jesse S.
    "Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."
    As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.
    - Ryan M.
    "You cannot go wrong with Lawrence."

    Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.

    - Charity C.
    "No other lawyer knows the science of DUI like Lawrence does."
    Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!
    - Greg S.
    "It was miracle!"

    It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.

    - Joe C.
    "One of the best."
    Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.
    - Jack L.
    "You cannot go wrong with Lawrence."
    Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
    - Charity C.
    "Nobody knows the court and laws better than him."
    Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.
    - David E.

DUI Library

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