Articles Posted in Blood Draws

In a recent case coming out of a criminal court in Arizona, the defendant appealed his convictions for negligent homicide, endangerment, criminal damage, and aggravated assault. Facing several different guilty convictions, the defendant made multiple arguments on appeal, one of which was that the trial court should not have denied his original motion to suppress…

Recently, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant who was alleged to have caused a serious accident while under the influence of methamphetamine. The defendant appealed his conviction, arguing that the trial court failed to exclude a statement used against him at trial. However, the court…

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing…

When someone consumes alcohol, their blood-alcohol content (BAC) will increase over time, before it starts to decrease as the alcohol dissipates from their blood. For many Arizona DUI offenses, the prosecution must prove that the defendant’s blood was above the legal limit. Thus, police officers will often try to take a driver’s blood as quickly…

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case affirming the defendant’s conviction. The case required the court to determine if police were required to obtain a warrant before taking the defendant’s blood. Ultimately, because the defendant gave his consent for the blood draw, the court determined that…

The admissibility of blood-test evidence is currently a hot topic in DUI law, with the United States Supreme Court deciding three cases on the subject in the past few years. Often, the issue that comes up in these cases is whether the police officers were able to legally obtain a blood sample based on the…

The opinions of the United States Supreme Court are the law of the land and generally must be followed by all states. Often, the Supreme Court decides which cases to choose based on the issues that are presented in the case. Typically, the Court will select cases that raise legal questions that are unclear or…

In the vast majority of Arizona DUI cases, the applicable law that governs the case is that of the jurisdiction where the offense occurred. However, in very rare circumstances, another state’s laws may apply. This puts state courts in the difficult position of applying a foreign jurisdiction’s law. In a recent Arizona DUI case, the…

A few posts ago, we discussed Arizona’s implied consent statute, which provides that anyone who operates a vehicle on a public road implicitly consents to chemical testing if police suspect they are under the influence. In the post, we also discussed that while motorists have no legal basis for refusing a test, they cannot be…

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case involving allegations that the defendant possessed methamphetamine with the intent to deliver. The case presented the court with the opportunity to discuss whether the results of a blood test that was administered to the defendant on the day of…