Articles Posted in DUI Testing

Quantifying the impact of alcohol upon a person has long been a goal of the scientific community, with studies dating back as early as 1874. In the contemporary legal setting, the breathalyzer test, also known as alcohol breath testing, is touted as a highly accurate and definitive tool for detecting Blood Alcohol Content (BAC). BAC…

A DUI breath or chemical test is considered a protected search under the 4th Amendment. This requires police to have a warrant for probable cause in order to conduct a DUI breath, blood or urine test. This is the case, even if it is administered under Arizona’s Implied Consent Law. Arizona courts have held that if a person was coerced by the officer to take the DUI test then their consent is not voluntary (State of Arizona v. Valenzuela, 2016). Thus, an involuntary consent does not relieve police of the requirement to obtain a warrant.
The Arizona Supreme Court recently issued a written opinion in an Arizona DUI case centered on the issue of whether the defendant’s consent to provide a blood test was voluntary or involuntary. This article outlines the recent Arizona Supreme Court opinion, Q. & A. surrounding Arizona’s Implied Consent Law.

In Arizona police are permitted to request a nonconsensual blood draw, without a warrant, from a DUI suspect who is unconscious under A.R.S. §28- 1321.
The provision does have limitations, and the blood draw can be unconstitutional if an individual’s rights are rights are violated in the process.
The Arizona Supreme Court held ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances, and are case-specific.
In a recent case, the AZ Supreme Court ruled held that a DUI blood test taken under the unconscious clause was unconstitutional.
The Court ruling was decided based on the grounds that conditions were not exigent, and the test was requested due to a systematic procedure, rather than individual circumstances. Under the good faith exception, evidence collected in violation of Fourth Amendment privacy rights can still be admitted at trial if the police acted in good faith.
But the court also determined that the good-faith exception to the exclusionary rule did not apply.
In this article we will discuss the decision, what means for Arizona drivers, how to protect your rights, and what happens if your rights are violated.

Without consent, or a warrant it is unconstitutional for the police to collect a DUI blood sample.
There are a few exceptions in which the police can obtain a blood test for investigation
In this article we will focus on the DUI medical blood draw exception, to a search warrant.
Under exigent circumstances, police can request a blood sample that is taken incidental to a blood draw for medical purposes.
The Arizona Supreme Court recently considered the question of when this exception would apply.
The blood draw exception requires medical personnel to give some of the blood sample drawn for medical reasons to a law enforcement officer, upon request.
The police can request a sample for a DUI investigation only if they have probable cause to believe the driver was under the influence of drugs or alcohol.
Here we take a closer look at the case and decision involving the medical treatment exception. , the AZ Supreme Court added another layer of protection to assure a driver’s rights are protected by due process of law.
In the past if police requested a DUI blood test under the medical treatment exception, they needed to show probable cause, exigent factors, and that a blood test was being done for medical reasons. As a result of this decision, that state further needs to provide a showing that the driver’s rights to direct their own medical treatment were not violated.

Consent for DUI Testing Gained by Officer’s Warning of the Law does not Constitute Voluntary Consent…unless Good Faith Exception to the Exclusionary Rule Applies. This article provides a case over overview and discussion of legal principles that applied. Article features include: Impact of ruling on Arizona DUI suspects; Good Faith Exception to the Exclusionary Rule; Arizona Court decisions on what constitutes voluntary consent to search; and answers to the question of whether or not a suspect should consent to DUI testing in Arizona; and Common defenses for DUI charges in Arizona.

Your Guide to understanding the DUI blood test with medical treatment warrant exception. A DUI blood test taken by Police for investigating impairment is considered a search and seizure, protected by our 4th Amendment rights. This means that to obtain DUI blood or chemical evidence police would need either consent; or a warrant to order…

Arizona V. Cooperman: DUI Partition Ratio relevant, competent evidence to show lack of DUI Impairment. Blood Alcohol Content (BAC) refers to the concentration of alcohol in the blood that can currently be measured either by a DUI blood test or a breath test. Interestingly, however, the results of a breathalyzer test for DUI may not…

Why Missouri v. McNeely won’t have much impact in Maricopa CountyA recent U.S. Supreme Court decision may not change Arizona DUI law, but it may bring the rest of the nation more in line with Arizona’s policies. Phoenix AZ court’s Search Warrant Center is available 24 hours a day, 7 days a week for police…

5 reasons police conduct Preliminary Breath Tests Arizona is one of a majority of states with Preliminary Breath Test (PBT) Laws. The PBT is a small mobile device used to establish the presence of alcohol in a person’s system. The PBT is intended to be used as an early detection or screening tool by police.…

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is not enough for a suspect…