Articles Tagged with DUI Blood Test Challenges

Arizona’s Unconscious Clause permissible only with consent, warrant, or case-specific exigent circumstances; What happens when your rights are violated

air-ambulance-helicopter-DUI-Crash-Tempe-AZ-300x225In 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 only when invoked non-routinely, under exigent circumstances that are case-specific.