Phoenix Criminal Defense Lawyer Details Arizona Supreme Court DUI Decision

Earlier this week, the Arizona Supreme Court ruled that police officers must first get a search warrant before taking a blood sample from a DUI suspect unless that person clearly consents to giving a sample.

The court ruled that the state’s implied consent law has specific provisions that generally require law enforcement officials to get a warrant to draw a blood sample if they do not receive clear consent from a suspect.

However, the ruling did leave in place the consent law’s provision that a refusal to give a blood sample can result in the automatic suspension of a DUI suspect’s driver’s license.

The specific case involved a DUI suspect named Jose Carrillo, whose blood was drawn by officers on the steps of a police van after vomiting.  Carrillo had testified that he only spoke Spanish and that the officers did not speak to him in that language.  He also said that he did not consent to having his blood drawn, but did not resist because he was afraid.

The Supreme Court ruling sent the Carrillo case back to the trial courts to determine if Carrillo did provide consent.  However, his DUI defense attorney said that her client was deported after being convicted of the DUI.

If you have been arrested for Arizona DUI and need a Phoenix criminal defense attorney, contact our Arizona criminal defense law firm.