Arizona Court Rules Warrants Are a Must with DUI Blood Draws
In Pima County AZ DUI cases, there aren’t breath tests. When you are suspected of driving under the influence of alcohol, it’s a blood test if it’s anything at all. And until this week the laws governing the blood draws were a little vague.
Now, however, the Arizona Court of Appeals has clarified the matter. If you are pulled over and suspected of DUI you must tell the officer it is okay for them to take a blood draw. If you say nothing or refuse, they must get a warrant from a judge before moving forward with the blood draw.
No one wants to get their blood taken. But it’s particularly troublesome when you know the test could result in criminal charges.
As one attorney explains in this report from KOLD, however, refusing the blood test and waiting on the warrant could make things harder in the end. The reason: if you refuse a test and are later found guilty of DUI you face a longer license suspension.
While there is no way to be certain, it’s likely Pima resorted to blood draws because of the unreliability of breathalyzers. Breath tests are repeatedly challenged in DUI cases because the machines aren’t very dependable.
Regardless of how you are tested, an Arizona DUI charge can be levied against you if you are found to be in operation of a vehicle and have a blood alcohol level of more than .08%.
Your first DUI can results in serious penalties like 10 days to 6 months in jail, hefty fines, license suspension, and the required installation of an ignition interlock device. Your second and subsequent DUI convictions result in even harsher sentences.
If you are facing a DUI charge, in Pima or any other Arizona county, I want to help. I have handled many cases like yours and look forward to potentially representing you. Call me today for a free consultation.
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