Tag : blood test

Blood Test Was Voluntary Under Arizona Implied Consent Law

DUI

Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v. Alfonso […]

Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith

Criminal Defense, DUI

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of evidence. […]

Arizona Medical Blood Draw Exception to Warrant Requirement in DUI Case

DUI

In a DUI case, Arizona’s highest court clarified application of the medical blood draw exception to the warrant requirement where an injured DUI suspect resisted medical treatment at the scene of the vehicular accident, but was restrained and sedated with blood drawn at the hospital at which time police requested a portion of the blood […]

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