In Arizona police are permitted to request a nonconsensual blood draw, without a warrant, from a DUI suspect who is unconscious under A.R.S. §28- 1321.
The provision does have limitations, and the blood draw can be unconstitutional if an individual’s rights are rights are violated in the process.
The Arizona Supreme Court held ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances, and are case-specific.
In a recent case, the AZ Supreme Court ruled held that a DUI blood test taken under the unconscious clause was unconstitutional.
The Court ruling was decided based on the grounds that conditions were not exigent, and the test was requested due to a systematic procedure, rather than individual circumstances. Under the good faith exception, evidence collected in violation of Fourth Amendment privacy rights can still be admitted at trial if the police acted in good faith.
But the court also determined that the good-faith exception to the exclusionary rule did not apply.
In this article we will discuss the decision, what means for Arizona drivers, how to protect your rights, and what happens if your rights are violated.
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