PHOENIX (AP) — The Arizona Supreme Court will consider whether authorities must obtain a search warrant to conduct a blood test of a DUI suspect without getting clear consent to have blood drawn.
The Supreme Court on Tuesday agreed to review a Court of Appeals ruling that it wasn’t enough under state law that a man apparently didn’t object when officers moved to take a blood sample while in a police DUI van.
The Court of Appeals says the law in question is called “implied consent” because drivers are subject to a civil driver’s license suspension if they refuse to have blood drawn.
But the ruling says motorists clearly still have the right to withhold consent for a non-warrant search.
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