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.