Right to counsel in DUI cases

If you are arrested for a DUI in Arizona, you will be asked to submit to a chemical test of the police officer’s choosing (blood, breath or urine). The officer will inform you that if you refuse to submit to the test your driving privileges in AZ will be suspended for one year under Arizona’s “Implied Consent” statute. This is true. So what should you do? Don’t refuse, but tell the officer in no uncertain terms that you would like to speak with an attorney to advise you on your decision.  The Arizona Supreme Court has made it very clear that the officer must provide you with the opportunity to speak with an attorney prior to taking the chemical test if so requested, unless doing so would disrupt the investigation.  If you don’t have an attorney in mind, the officer should  provide you with access to a telephone and a telephone book and allow you a reasonable amount of time to locate an attorney.  The denial of  access to counsel in DUI cases is much more significant than in other types of criminal cases. An officer’s denial of your request to speak with an attorney after a DUI arrest, in most cases, should result in a dismissal of all DUI charges against you.  You should always be polite and courteous with law enforcement, but you should tell them early and often that you want to speak with an attorney before answering any questions or submitting to any chemical tests.