Police and sheriff's deputies may have new protocol to follow when a driver is pulled over on suspicion of
DUI.
The Arizona Supreme Court will consider whether law enforcement authorities must obtain a search warrant in order to conduct a blood test of a DUI suspect if the suspect doesn't give clear consent to have his or her blood withdrawn.
A Court of Appeals ruling found that it wasn't enough under state law that a man didn't object when officers moved to take a blood sample while in a police DUI van. The appeals court said the law in question is called the "implied consent" law because drivers must consent to have their blood drawn or they will be subjected to a civil driver's license suspension for a refusal. The appeals court did say in their ruling that drivers do have the right to withhold consent for a "non-warrant search."
Charged with Drunk Driving in Phoenix?
If you were charged with DUI after failing a
breath or blood test, an experienced
Phoenix DUI attorney at the Knowles Law Firm can ensure you are provided with the aggressive and committed representation you need throughout the DUI process. We can ensure your constitutional and legal rights were not violated by the police, as well as conduct an investigation to determine whether or not the test was administered properly in the first place. You can trust our dedicated DUI defense team to work hard in building the strongest defense possible in an effort to help you overcome your charges.
To schedule a consultation to discuss your case, please call
(888) 332-5621 today!
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