The US Supreme Court & Arizona SC ruled this year that a warrant is required for non consent blood draw for a DUI case.

Asked about 1 year ago - Kingman, AZ

I have a California DL valid and was arrested in AZ for suspected DUI. ( Now Dismissed on states discretion) I refused a blood draw in the Parker AZ sheriffs station, they got a warrant and I said OK Ill do the blood draw. Question, as to implied consent and suspension of my DL could this be considered a "consent" s it now comports with the criminal procedure requiring a warrant and quash the suspension?

Additional information

In other words, by insisting on the constitutionally required warrant and then "consenting" after the Warrant issued - would this satisfy the "Implied Consent" administrative burden and as in my case with the crim. dismissal quash any suspension of my license since I did not refuse a test only insisted upon a warrant
?

Attorney answers (3)

  1. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The state will obviously argue that it is but it is incumbent on you to get an experienced DWI attorney to assist. If you want to find an attorney in your area here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.

  2. Derek Anthony Patrin

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The issues of "implied consent" versus "consent" to a search are handled differently in some states, so the first answer to your question is to immediately contact an experienced DUI attorney in Arizona to find out what your options are to challenge the license revocation you're facing. There may be only a short time window within which to file the challenge, so do not delay.

    That being said, the "consent" you gave to the search supported by a warrant is likely not considered "consent" but actually just submission to a lawful search supported by a warrant. The license revocation you're facing is likely based on the withdrawal of the "implied consent" most state statutes assume that a person gives whenever they get behind the wheel of a vehicle in that state. Your later submission to the lawful search by warrant would not necessarily erase your withdrawal of the "implied consent" earlier. You are definitely on the right track with your thought process though, so follow through and contact a good DUI attorney in Arizona right away. Good luck.

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    Answered . There are many qualified DUI attorneys on here from AZ. Consult with a few of them. Best of luck.

    Jasen Nielsen

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