Implied Consent Rejected by Arizona’s Highest Court

The Arizona Supreme Court has ruled that the police cannot use state traffic laws to draw blood from suspected drunk drivers without a warrant absent the driver’s permission at the time of the offense.

The Pima County Attorney’s Office argued that all Arizona motorists, as a condition of being licensed to drive in the state of Arizona, give implied consent to having blood, breath, or urine tests if suspected of drunk driving, DUI, or drug related DUIs. However, the court ruled that without a warrant this is an illegal search absent a clear, and voluntary consent immediately before the blood draw.

If you have been charged with Marijuana or Drug related DUI, contact the Arizona criminal defense lawyers at Oracle Law Group Office P.C. for assistance with your criminal case.