Hospital Blood Draws and DUI in Arizona

Posted by Raymond Kimble | Mar 19, 2017 | 0 Comments

According the the 4th Amendment, all people have a right to be secure in their persons, papers and effects.  Consequently, individuals are protected against searches of their person, homes, etc unless police have a warrant which is authorized by a judge and supported by probable cause.  In the case of DUI however, where a blood draw is considered a search, there are a couple of exceptions to the warrant requirement.  These include situations where a persons consents to having his blood drawn or alternatively, where an exigent circumstance exists.  

One of the exigent circumstances recognized by Arizona law occurs where a person suspected of DUI has been transported to a hospital for treatment and hospital officials draw blood samples for medical purposes.  In this situation, officers can request a sample of blood obtained by medical personnel to have it analyzed in order to determine an individual's blood alcohol concentration.  This is commonly referred to as a medical blood draw.

Recently, Arizona Courts have placed limitations upon a police officer's ability to obtain a sample of blood drawn by hospital officials.  Specifically, if a person is transported to a hospital but refuses medical treatment, the officers cannot ask for a sample of blood drawn by medical professionals and use it to prosecute a person for DUI.  The rationale behind this decision is that the person did not consent to the police action of obtaining a blood sample.

In another decision, courts held that police cannot obtain a sample of a DUI suspect's blood if they are unconscious or otherwise incapable of consenting to medical treatment.  In this scenario, police must obtain a warrant or have evidence to show that an exigency exists which permits them to obtain a blood sample without a person's consent and without getting a warrant.

Both of these decisions which limit the ability of police to obtain blood samples from people transported to a hospital in Arizona are extremely important because a blood alcohol concentration  is usually the most powerful  evidence the police or prosecutor may have in a DUI case.  

If you, a family member or loved one has been charged with DUI or any other criminal offense in Arizona you are well advised to immediately contact an experienced DUI or criminal defense lawyer who regularly represents people charged with these types of offenses.  Attorney Raymond Kimble has represented people charged with DUI and other crimes in  Tempe, Mesa, Chandler Phoenix, Scottsdale and other cities throughout Maricopa and Pinal Counties during the last twenty years and has achieved tremendous results for his clients.

 Ray Kimble can be reached directly for a free consultation at (480) 833-8613 or by visiting his website  

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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