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…
A DUI breathalyzer or chemical test is considered a protected search under the 4thAmendment of the U.S. Constitution. This means that police need a warrant with probable cause to conduct a DUI breath, blood or urine test, even under Arizona’s Implied Consent law. There are a few exceptions to the…
In Arizona police are permitted to request a warrantless, non-consensual blood draw, from a DUI suspect who is unconscious under A.R.S. §28- 1321. The blood draw may be unconstitutional if an individual’s rights are violated in the process. Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible…
Under the Fourth Amendment of the U.S. Constitution, a person has the right to be protected from unlawful searches and seizures. This protection extends to a DUI blood test. Consequently, police need a suspect’s consent or a search warrant to obtain a blood sample for a DUI investigation. Without the…
In the recent ruling the Arizona Supreme Court considered a Fourth Amendment issue and Arizona’s implied consent law in DUI case. The cases centered around two primary issues. The first was whether or not consent to a warrantless search to conduct DUI breath and blood tests were voluntary, after suspect…
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;…
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…
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…
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…
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…