iowa tovar argued january decided march respondent tovar november arraignment operating motor vehicle influence alcohol owi response trial questions tovar affirmed wanted represent plead guilty conducting guilty plea colloquy required iowa rules criminal procedure explained tovar pleaded guilty entitled speedy public jury trial right counsel help select jury question witnesses present evidence make arguments behalf pleading guilty cautioned tovar give right trial rights trial represented counsel remain silent presumption innocence subpoena witnesses compel testimony informed tovar maximum minimum penalties owi conviction explained accepting guilty plea assure tovar fact guilty charged offense end informed tovar two elements owi charge defendant must operated motor vehicle iowa intoxicated tovar confirmed first date question operating motor vehicle iowa second dispute result intoxilyzer test showing blood alcohol level exceeded legal limit nearly twice accepted guilty plea hearing next month imposed minimum sentence two days jail fine tovar charged owi time second offense aggravated misdemeanor iowa law represented counsel proceeding pleaded guilty tovar charged owi class felony iowa law represented counsel tovar pleaded guilty felony charge counsel moved preclude use tovar first owi conviction enhance offense aggravated misdemeanor felony tovar maintained waiver counsel invalid fully knowing intelligent voluntary never made aware dangers disadvantages trial denied motion found tovar guilty sentenced owi charge iowa appeals affirmed iowa reversed remanded entry judgment without consideration tovar first owi conviction holding colloquy preceding acceptance tovar guilty plea constitutionally inadequate iowa high ruled issue two warnings given tovar essential knowing intelligent waiver sixth amendment right counsel plea stage defendant must advised specifically waiving counsel assistance deciding whether plead guilty entails risk viable defense overlooked deprives opportunity obtain independent opinion whether facts applicable law wise plead guilty held neither warning ordered iowa mandated sixth amendment constitutional requirement satisfied trial informs accused nature charges right counseled regarding plea range allowable punishments attendant upon entry guilty plea pp sixth amendment secures defendant facing incarceration right counsel critical stages criminal process see maine moulton including plea hearing white maryland per curiam tovar received prison term first owi conviction right counsel plea stage trial elected contest charge argersinger hamlin although accused may choose forgo representation waiver right counsel must knowing voluntary intelligent see johnson zerbst information defendant must possess order make intelligent election depends range factors including education sophistication complex easily grasped nature charge stage proceeding see johnson see faretta california less searching formal colloquy may suffice earlier stages criminal process patterson described pragmatic approach waivers one asks purposes lawyer serve particular stage proceedings question assistance counsel provide accused stage less rigorous warnings required pretrial stage full dangers disadvantages less substantial obvious accused trial pp sixth amendment compel two admonitions ordered iowa law ordinarily considers waiver knowing intelligent sufficiently aware defendant fully understands nature right likely apply general circumstances ruiz even defendant lacked full complete appreciation consequences flowing waiver state may nevertheless prevail shows information provided defendant satisfied constitutional minimum patterson iowa high gave insufficient consideration guiding decisions prescribing scripted admonitions holding necessary every guilty plea instance overlooked observations information defendant must waive counsel intelligently depend upon particular facts circumstances case johnson moreover tovar acknowledges collateral attack uncounseled conviction defendant burden prove competently intelligently waive right counsel tovar never claimed fully understand owi charge range punishment crime prior pleading guilty never articulate precision additional information counsel provided given simplicity charge see patterson assert unaware right counseled prior arraignment suggests may mistaken belief right counsel trial instead going plead guilty given particular facts circumstances surrounding case johnson far clear warnings kind required iowa enlightened tovar decision whether seek counsel represent case straightforward two admonitions issue might confuse mislead defendant inform warnings might misconstrued convey meritorious defense exists defendant plead lesser charge neither prospect realistic one defendant delays plea vain hope counsel uncover tenable basis contesting reducing criminal charge prompt disposition case impeded resources either state defendant indigent defendant financially ineligible appointed counsel wasted free adopt statute rule decision guides acceptance uncounseled plea deem useful federal constitution require two admonitions controversy pp reversed remanded ginsburg delivered opinion unanimous iowa petitioner felipe edgardo tovar writ certiorari iowa march justice ginsburg delivered opinion sixth amendment safeguards accused faces incarceration right counsel critical stages criminal process maine moulton wade entry guilty plea whether misdemeanor felony charge ranks critical stage right counsel adheres argersinger hamlin white maryland per curiam waiver right counsel constitutional rights criminal process generally must knowing intelligent ac done sufficient awareness relevant circumstances brady case concerns extent trial judge accepting guilty plea uncounseled defendant must elaborate right representation beyond affording defendant opportunity consult counsel prior entry plea assisted counsel plea hearing must specifically advise defendant waiving assistance counsel deciding whether plead guilty entails risk viable defense overlooked admonis defendant waiving right attorney lose opportunity obtain independent opinion whether facts applicable law wise plead guilty iowa iowa held warnings essential knowing intelligent waiver sixth amendment right assistance counsel ibid hold neither warning mandated sixth amendment constitutional requirement satisfied trial informs accused nature charges right counseled regarding plea range allowable punishments attendant upon entry guilty plea november respondent felipe edgardo tovar college student arrested ames iowa operating motor vehicle influence alcohol owi see iowa code intoxilyzer test administered night tovar arrest showed blood alcohol level app arresting officer informed tovar rights miranda arizona tovar signed form stating waived rights agreed answer questions iowa state univ dept public safety owi supplemental report lodging petitioner iowa state univ dept public safety rights warnings lodging petitioner hours arrest tovar appeared judge iowa district story county judge indicated initial appearance form tovar appeared without counsel waived application counsel initial appearance owcr lodging petitioner judge also marked form checklist tovar informed charge rights receive copy complaint ibid arraignment set november interim tovar released jail november inquiries tovar began tovar appears without counsel see tovar waived application appointed attorney want represent today hearing app tovar replied yes sir soon asked ow wish plead tovar answered guilty ibid tovar affirmed promised anything threatened way induce plead guilty conducting guilty plea colloquy required iowa rules criminal procedure see iowa rule crim proc explained tovar pleaded guilty entitled speedy public trial jury app right represented trial attorney help tovar select jury question state witnesses present evidence behalf make arguments judge jury behalf pleading guilty cautioned tovar give right trial kind charge give right represented attorney trial ibid advised tovar entered guilty plea relinquish right remain silent trial right presumption innocence right subpoena witnesses compel testimony turning particular offense tovar charged informed owi conviction carried maximum penalty year jail fine minimum penalty two days jail fine tovar affirmed understood exposure penalties ibid next explained accepting guilty plea assure tovar fact guilty charged offense end informed tovar owi charge two elements first date question tovar operating motor vehicle state iowa second intoxicated tovar confirmed driving ames iowa night apprehended dispute results intoxilyzer test administered police night showed blood alcohol level exceeded legal limit nearly twice plea colloquy asked tovar still wished plead guilty tovar affirmed accepted tovar plea observing factual basis tovar made plea voluntarily full understanding rights consequences pleading guilty december tovar appeared sentencing owi simultaneously arraignment subsequent charge driving suspended license see iowa code noting tovar attendance without counsel inquired tovar want represent today hearing want take time hire attorney represent app tovar replied represent ibid engaged essentially plea colloquy suspension charge owi charge previous month accepting tovar guilty plea suspension charge sentenced counts owi conviction imposed minimum sentence two days jail fine plus surcharge costs suspension conviction imposed fine plus surcharge costs march tovar convicted owi second time represented counsel proceeding pleaded guilty record see app pet cert december tovar charged owi time third offense see iowa code additionally driving license barred see iowa law classifies owi serious misdemeanor owi aggravated misdemeanor owi owi offenses thereafter rank class felonies represented attorney tovar pleaded guilty december charges record march counsel tovar filed motion adjudication law points motion urged tovar first owi conviction used enhance december owi charge aggravated misdemeanor felony app significantly tovar allege unaware november arraignment right counsel prior pleading guilty plea hearing instead maintained waiver counsel invalid full knowing intelligent voluntary never made aware dangers disadvantages denied tovar motion may explaining offense readily understood laypersons penalty unduly severe duty inquiry imposed upon required assure awareness right counsel willingness proceed without counsel face awareness app pet cert brackets original tovar waived right jury trial found guilty owi charge driving license barred four months adjudication tovar sentenced owi charge received jail term days suspended three years probation fine plus surcharges costs app driving license barred tovar received jail term run concurrently owi sentence suspended fine iowa appeals affirmed app pet cert iowa vote reversed remanded entry judgment without consideration tovar first owi conviction iowa highest acknowledged dangers proceeding pro se guilty plea proceeding different dangers proceeding pro se jury trial therefore inquiries made proceedings also different nonetheless held colloquy preceding acceptance tovar guilty plea constitutionally inadequate instructed dispositively defendant tovar chooses plead guilty without assistance attorney must advised usefulness attorney dangers order make knowing intelligent waiver right counsel trial judge must advise defendant generally defenses criminal charges may known laypersons danger waiving assistance counsel deciding whether plead guilty risk viable defense overlooked defendant admonished waiving right attorney lose opportunity obtain independent opinion whether facts applicable law wise plead guilty addition must ensure defendant understands nature charges range allowable punishments granted certiorari view division opinion requirements sixth amendment imposes waiver counsel plea hearing compare akins state cashman reverse judgment iowa ii sixth amendment secures defendant faces incarceration right counsel critical stages criminal process see maine moulton wade plea hearing qualifies critical stage white maryland tovar received prison term owi conviction right counsel plea stage trial elected contest charge argersinger hamlin person accused crime however may choose forgo representation constitution force lawyer upon defendant adams ex rel mccann require waiver right counsel knowing voluntary intelligent see johnson zerbst tovar contends waiver counsel november first owi plea hearing insufficiently informed therefore constitutionally invalid particular asserts trial judge elaborate value stage case attorney advice dangers entering plea brief respondent described waiver counsel intelligent defendant knows choice made eyes open adams however prescribed formula script read defendant elects proceed without counsel information defendant must possess order make intelligent election decisions indicate depend range factors including defendant education sophistication complex easily grasped nature charge stage proceeding see johnson waiver trial counsel said defendant may allowed proceed pro se must warned specifically hazards ahead faretta california instructive defendant faretta resisted counsel aid preferring represent held constitutional right recognizing right however cautioned although defendant need skill experience lawyer order competently intelligently choose made aware dangers disadvantages record establish knows internal quotation marks omitted later patterson illinois elaborated dangers disadvantages faretta referred trial observed counsel required help even gifted layman adhere rules procedure evidence comprehend subtleties voir dire examine witnesses effectively object improper prosecution questions much warnings pitfalls proceeding trial without counsel therefore said must rigorous ly conveyed clarified however earlier stages criminal process less searching formal colloquy may suffice patterson concerned postindictment questioning police prosecutor stage case held warnings required miranda arizona adequately informed defendant fifth amendment rights sixth amendment right counsel well miranda warnings said effectively convey defendant right counsel present questioning addition inform ultimate adverse consequence making uncounseled admissions statements may used ensuing criminal proceeding miranda warnings added also sufficed let defendant know lawyer namely advise refrain making statements prove damaging defense patterson describes pragmatic approach waiver question one asks purposes lawyer serve particular stage proceedings question assistance provide accused stage order determine scope sixth amendment right counsel type warnings procedures required waiver right recognized require less rigorous warnings pretrial patterson explained pretrial proceedings less important trial stage full dangers disadvantages less substantial obvious accused trial citation internal quotation marks omitted tovar case state maintains like miranda warnings found adequate patterson iowa plea colloquy suffices advise defendant right counsel assure guilty plea informed voluntary brief petitioner tr oral arg plea colloquy according state makes plain attorney role challenge charge sentence therefore adequately conveys defendant utility counsel dangers brief petitioner tovar hand defends precise instructions required iowa see supra essential knowing voluntary intelligent plea stage waiver counsel brief respondent resolve case need endorse state position nothing plea colloquy needed safeguard tovar right counsel preliminarily note things case tovar first indicated waived counsel initial appearance see supra affirmed wanted represent plea hearing see supra declined offer time hire attorney sentencing still open request withdrawal plea see supra state contest defendant must alerted right assistance counsel entering plea see brief petitioner acknowledging defendant need know retained appointed counsel assist plea stage work ing issues guilt sentencing indeed iowa appeared assume tovar informed entitlement counsel aid least pretermitted issue see accordingly state presents narrower question sixth amendment require give rigid detailed admonishment pro se defendant pleading guilty usefulness attorney attorney may provide independent opinion whether wise plead guilty without attorney defendant risks overlooking defense pet cert training question turn reiterate particular language iowa employed announcing warnings thought sixth amendment required trial judge must advise defendant generally defenses criminal charges may known laypersons danger waiving assistance counsel deciding whether plead guilty risk viable defense overlooked addition defendant admonished waiving right attorney lose opportunity obtain independent opinion whether facts applicable law wise plead guilty ibid tovar receive advice sole question us whether sixth amendment compels two admonitions hold recently explained reversing lower determination guilty plea voluntary law ordinarily considers waiver knowing intelligent sufficiently aware defendant fully understands nature right likely apply general circumstances even though defendant may know specific detailed consequences invoking ruiz emphasis original similarly observed patterson defendant lacked full complete appreciation consequences flowing waiver defeat state showing information provided satisfied constitutional minimum internal quotation marks omitted iowa gave insufficient consideration guiding decisions prescribing scripted admonitions holding necessary every guilty plea instance note iowa high overlooked observations information defendant must waive counsel intelligently depend case upon particular facts circumstances surrounding case johnson supra moreover tovar acknowledges collateral attack uncounseled conviction defendant burden prove competently intelligently waive right assistance counsel see watts state iowa brief respondent light note tovar never claimed fully understand charge range punishment crime prior pleading guilty never articulate precision additional information counsel provided given simplicity charge see patterson supra assert unaware right counseled prior arraignment suggests may mistaken belief right counsel trial merely going plead guilty brief respondent emphasis added given particular facts circumstances surrounding case see johnson far clear warnings kind required iowa enlightened tovar decision whether seek counsel represent case straightforward amicus curiae suggests admonitions issue might confuse mislead defendant inform warnings iowa declared mandatory might misconstrued veiled suggestion meritorious defense exists defendant plead lesser charge neither prospect realistic one defendant delays plea vain hope counsel uncover tenable basis contesting reducing criminal charge prompt disposition case impeded resources either state defendant indigent defendant financially ineligible appointed counsel wasted brief amicus curiae tr oral arg note finally free adopt statute rule decision guides acceptance uncounseled plea deem useful see alaska rule crim proc rule crim proc md rule rule crim proc rule crim proc comment hold two admonitions iowa ordered required federal constitution reasons stated judgment iowa reversed case remanded proceedings inconsistent opinion ordered footnotes person commits offense operating intoxicated person operates motor vehicle state either following conditions influence alcoholic beverage alcohol concentration iowa code tovar appeared along four individuals charged misdemeanor offenses app presiding judge proposed conduct plea proceeding five cases jointly individuals indicated object course action rule since renumbered stage still open tovar request withdrawal guilty plea owi charge substitute plea guilty see iowa rule crim proc order appear owi arraignment tovar drove courthouse despite suspension license apprehended en route home app prior asking tovar whether wished hire counsel noted tovar applied attorney application denied financially dependent upon parents tovar challenge absence counsel sentencing see iowa rule crim proc defense objection request capable determination without trial general issue may raised trial motion state wilt iowa approving use motions adjudication law points iowa rule criminal procedure material facts undisputed tovar conceded owi conviction used enhancement purposes record dissenting justices criticized majority approach rigid line pragmatic approach described patterson illinois noted addition advice concerning constitutional rights guilty plea relinquishes tovar made fully aware penal consequences might befall went forward without counsel pleaded guilty ibid amicus curiae reads decision scott illinois hold constitutionally defective waiver counsel misdemeanor prosecution although warranting vacation term imprisonment affords ground disturbing underlying conviction amicus accordingly contends constitution preclude use uncounseled misdemeanor conviction enhance penalty subsequent offense regardless validity prior waiver see brief amicus curiae state however contest iowa determination conviction obtained without effective waiver counsel used enhance subsequent charge see ibid therefore address arguments amicus advances questioning premise see also iowa also held must ensure defendant understands nature charges range allowable punishments parties dispute tovar informed trial comment tovar appeared without counsel arraignment inquiry whether tovar wanted represent hearing see app hardly lend support tovar suggestion may believed see also inquiry sentencing whether tovar want ed take time hire attorney iowa rule crim proc time judgment defendant may request withdrawal guilty plea substitution guilty plea