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Arizona ruling: DUI Test Requires Search Warrant or Consent

PHOENIX — 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 warrant-less search.

The Court of Appeals sent the case back to a lower court for a finding on whether the man involved actually consented.

Reported by: Associated Press
Last Update: 9/01 1:07 pm
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