Learn More About Our Video Consultations Due To The COVID-19 Outbreak.

Why you should always ask to speak to your lawyer during a DUI investigation.

By:
Armando Nava

No one wants to be stopped by a police officer. If you’ve been drinking, you definitely don’t want to see those flashing lights in your rear view mirror. A DUI investigation can be frightening and overwhelming. Most people have no clue what to do. Fortunately, the answer is pretty simple: invoke your right to speak to an attorney!

Both the Sixth Amendment to the United States Constitution and Article 2, § 24, of the Arizona Constitution guarantee a person the right to assistance of counsel. Additionally, Arizona Rule of Criminal Procedure 6.1(a) provides that the right to be represented by an attorney includes the right to consult with an attorney, in private, “as soon as feasible after a person is taken into custody.” In Kunzler v. Miller, the Arizona Supreme Court emphasized that a person “always has a right to consult an attorney in a DUI case as long as this request does not interfere with an ongoing investigation.

Moreover, police “must assist in the vindication of a DUI suspect’s right to an attorney. In State v. Penney, the defendant was arrested for aggravated DUI and asked for an attorney after being read the implied consent form. He was placed in a room with a phone and phone book “so he could call anyone if he would like to get some advice” while the officer attempted to get a search warrant for a chemical test. The attorney pages in the phone book had been torn out, so the defendant could not contact an attorney. When he told the officer about the missing pages, the officer responded, “That’s not my F-ing problem.” The Court of Appeals found a violation of Penney’s right to an attorney and confirmed that “[w]hen a DUI suspect invokes his right to counsel, police must provide the suspect with reasonable means of contacting a lawyer.”

The Nava Law Firm has handled multiple cases where law enforcement did not honor the right to speak with an attorney. In these instances, the cases were dismissed, because dismissal of a case with prejudice is the appropriate remedy when police conduct interferes with both the right to counsel and the ability to obtain exculpatory evidence. An experienced DUI attorney can arrange independent tests to challenge the validity of the State’s test. By not allowing a person the ability to speak with an attorney, it impossible to foresee what advice would have been given. Because the ability to prepare a defense is affected, the only appropriate remedy is dismissal.

In cases where the ability to obtain exculpatory evidence is not affected, the appropriate remedy is suppression of the evidence. So, if your right to counsel is violated, at the very least the results of your breath or blood test will be thrown out. Often times, this results in a dismissal as well, since the prosecution has no evidence of drinking and driving.

Because a violation of your right to an attorney may lead to a dismissal of the charges against you, it is imperative that you ask to speak to an attorney immediately upon being contacted by a police officer. Request and attorney early and often. The Nava Law Firm is available 24/7 to speak with you and advice you during your investigation. With years of experience in DUI cases, The Nava Law Firm can review your case and see if there is a violation of your right to an attorney. As always, we offer free consultations.

So, now you know!

Expertise DUI AwardTop 40 Under 40 Badge10 Best Client Satisfaction Award for Nava LawBadges for Nava LawExpertise Criminal Defense Award
Image of Arizona
Have A Case In Arizona?
FREE CONSULTATION
Copyright © 2021 Nava Law. All rights reserved.
Designed by:
Lab Coat Marketing Beaker Logo
PROVEN CASE RESULTS:
DUIDUI DrugsAggravated AssaultTheftResist ArrestDomestic ViolenceMurder
Actuation:
Second in time DUI
Arizona desert outside phoenix, Sonoran Desert
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
DUI Drugs (Marijuana)
Case Result:
Case Dismissed

A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.

Actuation:
Aggravated Assault with a Deadly Weapon
Case Result:
Reduced to a misdemeanor

Short Description: A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Theft of Means of Transportation
Case Result:
Not Guilty after jury trial

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Resist Arrest
Case Result:
Dismissed

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of out client’s case and, eventually, all cases connected to the political prosecution of the protesters. (Maybe link to some of the cases?)

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Assault & Disorderly Conduct – Domestic Violence
Case Result:
Dismissal after Diversion

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.