Скачать или смотреть What is the Medical Blood Draw Exception in Arizona?

So, what is the medical blood draw exception in Arizona? A blood draw is a search into a person's body. A search occurs whenever a person has a "reasonable expectation of privacy" into an area. Obviously, a person has a "reasonable expectation of privacy" in their own blood inside their body. Due to a blood draw being a search, it is protected by the 4th Amendment. The 4th Amendment protects against unreasonable searches and seizures. All warrantless searches are presumptively unreasonable. And although it seems a person's body should be completely protected and require a warrant, there are exceptions carved out for every scenario. Whether it be a home search or forcible blood draw, certain situations allow warrantless searches.

Arizona law allows the Medical Blood Draw Exception Pursuant to A.R.S. 28-1388(E) which requires the State to prove beyond a reasonable doubt the following:
(1) Probable cause existed to believe that the suspect was DUI;
(2) Exigent circumstances made it not possible for police to get a warrant
(3) The blood was drawn by medical personnel for a medical reason
(4) The treatment did not violate the driver's right to direct their own medical treatment

Anybody who has been involved in a DUI accident where a blood draw was taken by the hospital should consult with an experienced DUI attorney. There could be issues that require recognition by someone trained in Arizona criminal or DUI law.

In this video, Tempe Arizona's Best DUI and Criminal Defense Lawyer Jeremy L. Huss of Huss Law, PLLC discusses the Medical Blood Draw Exception in Arizona.