Saenz v. Rodriguez

OPINION

HOWARD, Judge.

This special action requires us to revisit the issue of advising a DUI arrestee of his right to counsel and our prior decision in State v. Superior Court (Matthews), 158 Ariz. 500, 763 P.2d 996 (App.1988).

Petitioner was arrested on September 30, 1988, for driving under the influence, in violation of A.R.S. § 28-692(A), and it is apparently undisputed that he was given his Miranda warning. At the end of a 20-minute observation period, he was advised as follows:

Arizona law requires you to submit to and successfully complete a test to determine the alcohol or drug content of…