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No Consent, No Warrant, No Blood

By Lawrence Koplow, Esq.

Some things in life seem obvious. It is hotter in the summer. It is colder in the winter. The government must get a warrant to stick a needle in your arm before they forcibly take your blood. However, this last presumption has not been so obvious in Arizona. For years in Arizona, attorneys have been arguing that law enforcement must get a warrant before taking your blood during a DUI investigation. Unless, of course, the person 'expressly consents' to the blood draw. However, many Arizona courts have held that, under Arizona law, we should "imply" your consent to the blood test. Thus, there is no need to ask for your consent, nor to get a warrant before taking blood. In most DUI cases, officers ask the person suspected of DUI if they will consent to the blood draw...continue to full post

Full post as published by Arizona DUI Defense Blog on September 04, 2009 (boomark / email).