Arizona court ruling: DUI blood test requires warrant or consent
Sept. 1, 2009 11:55 AM
A new Arizona court ruling says authorities must obtain a search warrant to conduct a blood test of a DUI suspect unless the suspect clearly consents to have blood drawn.
The state Court of Appeals ruled Tuesday that it wasn't enough under state law that a man apparently didn't object when officers moved to take a blood sample while in a police DUI van.
The court notes that the law in question is called "implied consent" because drivers are subject to a civil driver's license suspension if they refuse to have blood drawn.
But the ruling says motorists clearly still have the right to withhold consent for a warrantless search.
The Court of Appeals sent the case back to a lower court for a finding on whether the man involved actually consented.