DUI & Criminal Defense

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Phoenix, AZ 85006

Right to Counsel in Arizona DUI Cases

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 feasibleafter 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 in Arizona DUI Cases

Frequently Asked Questions

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.

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. 

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