Warrantless Blood Draws in Arizona DUI Cases

WARRANTLESS BLOOD DRAWS

Seizure of Blood Without Warrant in Arizona DUI Cases

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Implied Consent & the Fourth Amendment

constitutional conflicts IN ARIZONA DUI CASES

State legislatures around the United States have made a constitutional mess of what is permitted when it comes to getting a blood sample from a person suspected of DUI. Arizona is no exception to this problem.

It Starts With Implied Consent

You probably did not realize what was in the fine print when applied for your driver’s license.  You agreed to a deal that would last the rest of your life.  You get to drive.  The government gets your consent to take a blood, breath or urine sample when the police ask for it. Of course, you didn’t really have a choice in the matter.  It was a take it or leave it deal.  Either you give consent for the rest of your driving life or you can’t have a driver’s license.


This agreement, to consent at the request of the police, is called “implied consent.”

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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be disturbed in his private affairs, or his home invaded, without authority of law.


What Can an Officer Say About Refusing? 

What must an officer advise a person to make consent voluntary under the Fourth Amendment?

  • State v. DeAnda, 434 P.3d 1183 (Ariz. 2019) – Informing a person of the consequences of refusing to submit to a chemical, before asking if the person will submit, does not make the person’s subsequent consent involuntary under the Fourth Amendment.

Does a person’s agreement to take a test have to be voluntary under Arizona law?

  • Diaz v. Bernini, 435 P.3d 457 (Ariz. 2019) – Arizona does not require a person’s consent to a breath test to be voluntary.

Arizona’s Medical Blood Exception

  • Diaz v. Van Wie, 426 P.3d 1214 (2018)

The Exclusionary Rule

Does the exclusionary rule apply to Arizona’s implied consent law?

  • Soza v. Marner, 430 P.3d 1265 (App. 2018)

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutor's worst nightmare, and it should be that way if you need an attorney."

- David E.

Real Client's Husband, Phoenix, AZ

Hiring an Experienced DUI/DWI Attorney

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.


An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.


You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.


An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602)-494-3444 or visit our contact page.
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What Real People Are Saying

That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.

Real Client's Husband, Phoenix, AZ

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."

 - David E.

REAL CLIENT, PHOENIX, AZ

It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."

 - Joe C.

Contact Us Today!


For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.

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Arizona DUI Blog


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