2/19/16 Arizona police may not get a blood sample from a person using the Medical Purposes statute by threatening to arrest the person.
Arizona Revised Statute 28-1388(E) allows the police to obtain a blood sample taken from a person without the person’s consent if probable cause exists that the person committed a crime and medical personnel are drawing blood for medical purposes. An exception to this statute is the police may not get a sample from medical personnel if the sample is obtained after the person has rejected medical treatment. In State v. Spencer, the defendant refused medical treatment, however, the police officer told her if she did not go to the hospital for treatment she would be arrested. The court of appeals held that threatening the person with arrest if they did not submit to medical care rendered the consent involuntary. The court said that because the person had not voluntarily consented to the medical treatment the police could not use the Medical Purposes statute to get the blood sample, and so use of the test results could not be used at the trial.
https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/CR13-0804.pdf
If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.
