Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth amendment to the federal constitution. City of Tacoma v. Heater, 67 Wash. Dec. 2d 721, 409 P.2d 867 (1966).
Criminal Law: Right to Counsel—Critical Stage Test in Non-Confession Cases,
41 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol41/iss3/28