Click to Call 602-307-0808 24/7 Click to Get Free Consultation

Arizona DUI Defense: Denial of Right to Counsel

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.

Were Your Rights Violated? Click Here to Speak with a Lawyer.

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) 307-0808 or by using our confidential email form.

Are you looking for a specific DUI/DWI charge in Arizona? Click here to see them all.

Click Here for Free Consultation
With a Criminal Lawyer
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.

Please leave this field empty.


10.0 Superb Rating
10.0 Superb Rating AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers

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

Super Lawyer
Criminal & DUI Defense

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer
American Society of Legal Advocates

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

National College for DUI Defense

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member
Trial Masters

DUI Defense Lawyers Association

Lifetime Charter Member
Best Attorneys of America

Fellow Member
American Bar Foundation

Sustaining Member
Arizona Trial Lawyers Association

American Association for Justice

Life Member
Arizona Attorneys forCriminal Justice

Top Valley Lawyer
North Valley Magazine

Superior DUI Attorney
National Advocacy forDUI Defense

Member Since 1989
American Bar Association

[contact-form-7 id="9447" title="Exit Intent"]