Articles Posted in implied consent

The 4thAmendment right put to the test: Unlawful search and seizure On September 25, 2012, the US Supreme Court agreed to hear Missouri, Petitioner v. Tyler G. McNeely. The decision could affect DUI blood test consent cases throughout the nation. The high court will rule on the issue of when the police need a warrant…

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is not enough for a suspect…

Arizona Marijuana DUI Defense The passing of Medical Marijuana Prop 203 does not affect Arizona’s Drug DUI laws. The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped by the police and determined…