If you’re an Arizona resident, you may want to read this. This law is going to affect a lot of drivers and will make a difference in your DUI case.
On Monday, the Arizona Supreme Court ruled that blood tests cannot be used as evidence in a DUI trial if the suspect does not consent to a blood test.
Arizona has an “implied consent” law, which means that a driver will consent to BAC test, unless the driver says otherwise. If a driver does not consent to a blood test, he or she will still receive a license suspension no matter what.
The police must obtain a search warrant from a judge in order to require a suspect to be tested. If the suspected driver is unconscious, consent is presumed to be given and the police are allowed to draw blood.
What does this mean for you? If you are pulled over, you are allowed to refuse a blood test, knowing fully well that you will have your license suspended. If the officer has a warrant, you are not allowed to refuse a blood test.
Above all, as important as it is to know your rights, it is equally important to hire a lawyer to help you navigate the legal system.
[Source: Arizona Daily Sun]
