Arizona Cops Can't Get Forced Blood Draw Without A Warrant In DUI / Drunk Driving Cases

Jun 17, 2010 @ 04:00 PM — by Myles L. Berman

Recently, the Arizona Supreme Court held that police can only get a blood sample from a DUI / Drunk Driving suspect as long as the suspect consents or the police obtain a warrant. In the case decided by the Arizona Supreme Court, the driver only spoke Spanish and he was not spoken to in Spanish. He neither consented to nor resisted the blood draw after his DUI / Drunk Driving arrest. The blood draw was done by the Arizona police officer while the driver was sitting on the steps of the police van after vomiting. Recently, I blogged that Arizona is a state that allows police officers to draw blood from DUI / Drunk Driving suspects.

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