David Michael Cantor explains the DUI/DWI Defense of: Denial of Right to Counsel:
One of the options of defense in a DUI case is denial of right to counsel. Any time a person is arrested, he or she has the right to obtain legal counsel. However, in a DUI/DWI case, this is particularly important. For instance, if you are not given the right to speak with an attorney, you are also prevented from getting legal advice that could help you in your situation. Eventually, your body will no longer house the physical evidence of your BAC or blood alcohol concentration, which can also be used for you if the reading is low. Although the police may tell you that your BAC is above the legal limit, this may not be true. In any case, your body is eliminating the alcohol, which makes determining whether your BAC is above the limit or not is a time sensitive matter.
There have been cases of denial of right to counsel in the state of Arizona that can be referenced if you find yourself in this type of situation. A few cases that involve denial or right to counsel include State of Arizona v. Holland, State of Arizona v. Juarez, State of Arizona v. McNut, State of Arizona v. Edwards and finally, State of Arizona v. Penney. In the case of Edwards v. State of Arizona, for example, which ended up going to the United States Supreme Court, the plaintiff, Edwards, had stated that he thought he should speak with a lawyer. His wording was claimed to be ambiguous to the court as Mr. Edwards had said, “I think I should talk to a lawyer.” What he should have said was “I want to talk to a lawyer” or “I need to talk to a lawyer.” If your wording is like those two statements after you are pulled over for DUI, the police officer is required to bring you to a private place where you have access to a phone and phone book so that you can contact and speak with an attorney.
Another case, State of Arizona v. Holland, 11 questions are discussed that a lawyer will pose to the plaintiff. Some examples of these questions are: “What did you drink?” “When did you start drinking?” “When did you stop drinking?” “When was the last time you ate?” It is essential that the attorney has access to such information and more so that they can help you to choose whether or not to perform a blood or breathalyzer test.
If you have questions regarding the different DUI defenses in Arizona, call us now for a Free Case Review. Our offices are available 24 hours a day at (602) 737-2812 or by using our confidential email form.
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