Consenting to Blood Draws

Consenting to Blood Draws: When the police tell you the consequences of refusal, they don’t automatically make your consent “involuntary,” says the Arizona Supreme Court. In virtually every DUI case, the police request that the driver voluntarily submit to a post-arrest breath or blood test. These requests occur in coercive circumstances, e.g., the driver may be handcuffed and in the back of a police vehicle. But Arizona law also incentivizes blood draws by penalizing drivers who refuse testing with a one-year license suspension and requiring the police to explain these consequences in real time before requesting consent.

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Breath Test Reliability Challenged

The New York Times recently published an article challenging the reliability of breath tests used in DUI prosecutions nationwide. While the reporter appeared to conclude that breath tests could be reliable, the article also found that they often could not be counted upon in practice. Problems occurred in Massachusetts, Pennsylvania, Washington and numerous other states, and affected breath test equipment manufactured by almost every leading company. In some states, fundamental flaws in breath testing have led to the dismissal of thousands of convictions.

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Can I Get a DUI in Arizona for Driving After Using Kratom?

There are several new “kratom” cafes and shops in Tucson. Before you try out one of these new places, you should know that if you are under the influence of kratom and your driving is impaired, it is possible to get a DUI or reckless driving charge in Arizona.

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Do the Police Need A Warrant To Draw Blood from an Unconscious DUI suspect?

In recent years, the U.S. Supreme Court has issued a series of opinions that explain what the police must do to satisfy the Fourth Amendment when conducting a blood draw or a breath test for a DUI investigation. In 2013, the Court decided that, in most circumstances, the police need a warrant to conduct a blood test without a person’s consent. But in 2016, the Court held that a warrant is not required to conduct a breath test incident to a motorist’s arrest. In 2019, the Court decided Mitchell v. Wisconsin, which held that a warrant is not required for a blood test, too, provided that the motorist is unconscious and, therefore, cannot consent to a draw or give a breath test.

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Arizona DUI’s & Healthcare Professionals: Three Things You Should Know

This article will cover a few basic initial thoughts for licensed healthcare professionals in Arizona, who are charged with misdemeanor DUIs.

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Stops for weaving | DUI in Tucson – ARS §28-729.1

This is another common “violation” that police use as justification for a DUI late night traffic stop. And we have had some success with this statute as well.

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DUI in Tucson: Police Stops During the Holiday Season – Wide Right Turns

The Holiday Season is upon us and Tucson-area police are out with special force. They look for small, sometimes imperceptible, traffic “violations” to justify stops of motorists, often late at night.

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Choosing a DUI Lawyer: Six things to consider

Here in Tucson, police engage in aggressive DUI enforcement. Lot’s of people get cited or arrested for a variety of DUI offenses. All come with mandatory jail time, and can result in a criminal record that could affect careers.

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A Quick Guide: Immigration Consequences of DUI’s in Arizona

What follows is quick guide that focuses upon the immigration consequences of Arizona DUI’s for LPR’s, VISA holders, and DACA recipients.

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What Should I Do If I Am Pulled Over For a Suspected DUI in Tucson?

If you are pulled over, you will need to decide what to do, based on your individual circumstances. Whether you decide to politely exercise your rights to remain silent and to counsel before making any decisions, or comply with all the officer’s requests, if you are truly impaired then it is highly likely you will be charged with DUI.

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