Blood Draws

May 5, 2021

Appellate Court Allows Defendant’s Statement, Finding Any Error in Its Admission Was Harmless

Recently, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant who was alleged to have caused a serious accident while under the influence of methamphetamine. The defendant appealed his conviction, arguing that the trial court failed to exclude a statement used against him at trial. However, the court refrained from weighing in on whether the statement was admissible, finding instead that, even if it was improperly admitted, and error it caused was harmless. The case illustrates the importance of raising and preserving all valid arguments at trial.

The Facts of the Case

According to the court’s opinion, the defendant entered an intersection without stopping at a stop sign and while traveling over the posted speed limit. As the defendant’s vehicle entered the intersection, it struck an SUV that had the right-of-way. There were three passengers in the defendant’s vehicle. One died, and two others were seriously injured. The driver and two passengers in the SUV were also injured.

The defendant, who was also injured in the accident, was taken to the hospital. While at the hospital, a detective hand-cuffed the defendant to the hospital bed and unsuccessfully attempted to interview him. Later, as the detective was out of view but within earshot, he heard the defendant tell a nurse that he had taken methamphetamine earlier in the day.

May 25, 2020

Arizona Court Denies Defendant’s Motion to Suppress in DUI Case Despite Arresting Officer Being Under Investigation for Providing Misleading Information

by James E. Novak, P.L.L.C.

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing false and misleading information on official paperwork. Ultimately, however, the appellate court concluded that the lower court’s decision to deny the motion should be upheld.

The Facts of the Case

According to the court’s opinion, a trooper pulled over the defendant for following another vehicle too closely. Upon observing the defendant, the trooper believed the defendant was under the influence of drugs or alcohol and requested he consent to a blood draw. The defendant denied the request, and the trooper then obtained a warrant to draw the defendant’s blood. Ultimately, the defendant was arrested for DUI.

In a pre-trial motion to suppress, the defendant presented evidence showing that the trooper who arrested him resigned during an investigation into alleged misconduct during the trooper’s DUI arrests. Evidently, the trooper faced allegations that he “arrested suspects without probable cause and filed reports containing false information.” The defendant also presented evidence that the trooper included the wrong date and time on the paperwork he generated related to the defendant’s arrest. The defendant argued that these facts, viewed together, cast doubt on the reliability of what the trooper claimed he observed.

January 14, 2020

What Is Retrograde Extrapolation in an Arizona DUI Case?

by James E. Novak, P.L.L.C.

When someone consumes alcohol, their blood-alcohol content (BAC) will increase over time, before it starts to decrease as the alcohol dissipates from their blood. For many Arizona DUI offenses, the prosecution must prove that the defendant’s blood was above the legal limit. Thus, police officers will often try to take a driver’s blood as quickly as they can; however, in some cases, a driver’s blood is not taken until a later time. Typically, blood must be drawn within two hours of the time when the defendant was driving.

Recently, a state appellate court issued a written opinion in an Arizona DUI case discussing a process called “retrograde extrapolation” by which a chemist can estimate what a person’s BAC was at a specific time by looking at what their BAC was at a later time. The process is used by prosecutors to estimate what a defendant’s BAC would be at the time they were driving. Prosecutors will especially rely on this technique when they were unable to take a defendant’s blood within the two-hour time frame

According to the court’s opinion, witnesses observed the defendant get into a car accident between 4 and 6 p.m. After the accident, the witnesses noticed that the defendant smelled of alcohol and seemed off balance. Police officers arrived on the scene at 8 p.m, and the defendant’s blood was taken at 9 p.m. The results indicated that the defendant’s BAC was .336. Because the defendant’s blood was not taken until between three to five hours after the accident, prosecutors called an expert witness to explain the concept of retrograde extrapolation, and provide the jury an estimate of the defendant’s BAC at the time of the accident.

October 14, 2019

Arizona Appellate Court Rejects Defendant’s Claims on Appeal, Affirming Conviction

by James E. Novak, P.L.L.C.

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case affirming the defendant’s conviction. The case required the court to determine if police were required to obtain a warrant before taking the defendant’s blood. Ultimately, because the defendant gave his consent for the blood draw, the court determined that no warrant was necessary.

Consent is one of the primary ways that law enforcement officers are able to take a motorist’s blood. Under the state and federal constitutions, police officers need to have a warrant before they can conduct a “search” of a person. Courts have held that a blood draw constitutes a search, and thus, police officers need to obtain a warrant before taking a blood sample. However, no warrant is necessary if a motorist provides their consent to the blood draw. And given the administrative penalties associated with refusing to comply with a request for a blood draw, many motorists end up consenting to a blood test.

Providing consent to an Arizona blood draw can raise several issues. Most importantly, consent must be validly given to be effective. In other words, police cannot coerce a motorist into giving their consent by making threats. Additionally, even if a motorist gives consent, they are allowed to change their minds and revoke consent at any time. If consent is revoked, then the police officers must go through the proper channels to obtain a warrant. Notably, the U.S. Supreme Court has recently issued some important decisions which made some significant changes to this area of the law.

August 28, 2019

Can Arizona Police Use Blood Drawn for Medical Purposes to Check for Drugs or Alcohol?

by James E. Novak, P.L.L.C.

The admissibility of blood-test evidence is currently a hot topic in DUI law, with the United States Supreme Court deciding three cases on the subject in the past few years. Often, the issue that comes up in these cases is whether the police officers were able to legally obtain a blood sample based on the surrounding circumstances. Earlier this month, a state appellate court issued a written opinion illustrating police officers’ ability to obtain a blood sample that a nurse took from the defendant for medical purposes.

According to the court’s opinion, a state trooper stopped the defendant for following too closely and failing to stay within his lane. While the trooper was interacting with the defendant, he noticed a smell of alcohol on the defendant’s breath, and that the defendant’s eyes were bloodshot. When asked, the defendant admitted to having two drinks, and also that his license was in suspension.

The trooper asked the defendant to get out of the car and performed a series of field sobriety tests. Ultimately, the trooper concluded that the defendant was under the influence of alcohol and arrested him for DUI. Another trooper arrived on the scene, and the two discussed bringing the defendant into the station for a breath test. During this conversation, the defendant called for medical assistance because he was having a heart attack and a seizure.

July 12, 2019

How Does the Supreme Court’s Opinion in Mitchell v. Wisconsin Affect Arizona DUI Laws?

by James E. Novak, P.L.L.C.

The opinions of the United States Supreme Court are the law of the land and generally must be followed by all states. Often, the Supreme Court decides which cases to choose based on the issues that are presented in the case. Typically, the Court will select cases that raise legal questions that are unclear or not entirely settled due to incremental advancements in the law made by lower courts.

Recently, the U.S. Supreme Court issued an opinion in the case, Mitchell v. Wisconsin, which discusses blood-draws from unconscious motorists who are suspected of being under the influence. The case is the third U.S. Supreme Court case in recent years to touch on this topic. However, because no five Justices could agree on a single basis for the opinion, technically, the decision is not binding on the lower courts and only impacts the defendant in this case. However, in reality, courts across the country will look to the plurality opinion for guidance.

The facts as the Court described them are as follows: police officers arrested the defendant under suspicion of driving under the influence. Officers took the defendant to the police station to administer a breath test; however, the defendant was too lethargic to complete the test. Because Wisconsin law provides that an unconscious motorist is not capable of withdrawing implied consent, an officer drove the defendant to a hospital for a blood draw. The results of the test indicated the defendant’s blood-alcohol content was over the legal limit, and he was arrested and charged with DUI.

June 19, 2019

Arizona Court Affirms Denial of Motion to Suppress after Applying Nevada State Law

by James E. Novak, P.L.L.C.

In the vast majority of Arizona DUI cases, the applicable law that governs the case is that of the jurisdiction where the offense occurred. However, in very rare circumstances, another state’s laws may apply. This puts state courts in the difficult position of applying a foreign jurisdiction’s law. In a recent Arizona DUI case, the court explained why the defendant’s motion was properly denied under Nevada law by the trial court.

According to the court’s opinion, the defendant’s vehicle swerved into oncoming traffic, colliding with another vehicle. The defendant suffered serious injuries in the accident. While police were investigating the accident, they noticed that the defendant smelled of alcohol. A helicopter took the defendant to a hospital in Nevada.

While in the hospital, Arizona law enforcement called the Nevada hospital and requested they draw the defendant’s blood. The requesting officer did not discuss whether a warrant was necessary, but later testified that he did not believe it was his responsibility to obtain a warrant. The hospital complied with the request without obtaining a warrant. At the time, the defendant was unconscious. The sample was given to a Nevada law enforcement officer. The test results revealed that the defendant had a blood-alcohol content of .21, well over the legal limit of .08.

March 13, 2019

Court Issues Opinion Discussing Arizona’s Implied Consent Statute

by James E. Novak, P.L.L.C.

A few posts ago, we discussed Arizona’s implied consent statute, which provides that anyone who operates a vehicle on a public road implicitly consents to chemical testing if police suspect they are under the influence. In the post, we also discussed that while motorists have no legal basis for refusing a test, they cannot be physically forced to undergo chemical testing.

Recently, the Arizona Supreme Court issued an opinion in an Arizona DUI case discussing whether a defendant’s consent to allow chemical testing of his blood was coerced, and thus invalid under the Fourth Amendment. Ultimately, the court concluded that the officer did not coerce the defendant’s consent by explaining to the defendant that his license would be suspended for 12 months if he refused testing.

The Facts of the Case

According to the court’s opinion, the plaintiff was pulled over for suspicion of driving under the influence. After the defendant was arrested, the arresting officer requested the defendant consent to a blood draw. During that request, the officer explained that “Arizona law states that a person who operates a motor vehicle … gives consent to a test … for the purpose of determining alcohol concentration or drug content.” The officer also explained that “If you refuse, do not expressly agree to submit to, or do not successfully complete the tests, your Arizona driving privilege will be suspended.”

November 29, 2018

Court Allows Results of Defendant’s Blood Test to Show Her Knowledge of the Drugs That Were Found in Her Car

by James E. Novak, P.L.L.C.

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case involving allegations that the defendant possessed methamphetamine with the intent to deliver. The case presented the court with the opportunity to discuss whether the results of a blood test that was administered to the defendant on the day of her arrest were admissible. The court concluded that they were.

The Facts of the Case

According to the court’s opinion, the defendant was pulled over after a police officer noticed that the car the defendant was driving did not have a temporary registration tag displayed. During the traffic stop, the officer noticed that the defendant exhibited signs of intoxication. The defendant was placed under arrest for driving under the influence.

After the defendant’s arrest, the officer conducted an inventory search of the car, which was registered to the defendant’s sister. During the search, the officer located an eyeglasses case inside a coat pocket. Inside the eyeglasses cases was a pipe and some methamphetamine. The defendant was taken into the police station, and her blood was taken. The results came back showing that the defendant had methamphetamine in her blood. The defendant was then charged with transportation of a dangerous drug for sale, possession of a dangerous drug for sale, possession of a dangerous drug, and possession of drug paraphernalia.

September 12, 2018

Arizona Court Condones Officer’s Arrest of Defendant, Despite Potentially Innocent Explanation for Signs of Intoxication

by James E. Novak, P.L.L.C.

Late last month, a state appellate court issued a written opinion in an Arizona DUI case in which the court had to determine if the officer’s arrest of the defendant was supported by probable cause. The case gave the court the opportunity to discuss probable cause in the DUI context, and what the prosecution must show to establish that probable cause existed to arrest someone for DUI.

The Facts of the Case

Two men were taking their two-year-old cousin to the pharmacy by car. The driver parked the car, and each man grabbed one of the young child’s hands as they walked across the parking lot toward the entrance to the pharmacy. As they were walking, however, the young child broke free from the men and was struck by the defendant’s truck.

Police officers responded to the scene and immediately learned that the child had died from the collision. One officer approached the defendant, who was huddled over and clearly distraught. As the officer bent down to talk to the defendant, he claimed that the defendant had a “strong, pungent” odor of alcohol coming from her breath. When asked, the defendant responded that she had consumed two cans of beer earlier that day. The officer also noticed that the defendant’s eyes were watery and her face was flushed. However, the officer acknowledged that the defendant’s appearance may have been due to her distraught state and was not clearly evidence of intoxication. The officer then arrested the defendant.