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…
Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful? This was a question for a recent Arizona Appeals Court to decide. In the case, the court considered whether a deputy had reasonable suspicion to stop a driver…
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…
If you are arrested for a DUI, you have a right to request an attorney’s assistance right away. But how much time are you given to find an attorney before you are given a Breathalyzer? In a recent Arizona Court of Appeals case, the defendant was convicted of aggravated DUI, for…
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;…
Approximately 37 million people visit Arizona each year, and 16 million of those visit the Phoenix Metro area. Whether they are here to vacation, attend school or sporting events, or to see the attractions our State has to offer, many will be driving. Unfortunately, some will be arrested for…
A Tragic Video Confession You might remember the viral video of an Arizona man, 22 year old Matthew Cordle, who caused a fatal drunk driving accident. He provided a confession in a four-minute online video that went viral with 2.3 million views last September. Cordle began his chilling confession with…
Driving under the influence of a legal drug in Arizona is not solely a defense for DUI. Last year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona…
“Actual Physical Control of a Vehicle” Tempe AZ In Arizona, under A.R.S. § 28-1381 and A.R.S. § 28-1382 a person a person may be charged with a DUI if they are impaired due to alcohol or drugs, and in “Actual Physical Control of a Vehicle (APC)”. A Supreme Court decision…