Blood Draws

March 13, 2019

Court Issues Opinion Discussing Arizona’s Implied Consent Statute

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.

August 14, 2018

Court Discusses “Medical Draw Exception” to Warrant Requirement in Recent Arizona DUI Case

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

In a recent opinion, an Arizona state court discussed the “medical draw exception” to the general requirement that police obtain a search warrant before taking the blood of someone they suspect to be under the influence. The case offered the court the opportunity to clarify the narrow set of circumstances under which the exception applies.

The Facts of the Case

A witness happened upon a vehicle that had crashed into a business’ entry gate. The witness saw the defendant turn off the engine and then slump over the wheel. The witness called 911, and the fire department came to assist the defendant.

The fire department personnel found the defendant unconscious, with no visible trauma, behind the wheel. They removed the defendant and took him to the hospital, where several tests were conducted, and again, no visible trauma was noted. The defendant was hooked up to a ventilator while doctors tried to figure out what was wrong with him. Hospital staff took the defendant’s blood for medical purposes and securely stored it. A nurse noted that the defendant’s breath smelled of alcohol.