Arizona State Statute 28-1321 states:
A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 34 while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle in this state either:
1. While under the influence of intoxicating liquor or drugs.
2. If the person is under twenty-one years of age, with spirituous liquor in the person's body.
B. After an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the violator refuses the violator shall be informed that the violator's license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal within a period of eighty-four months, unless the violator expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal.
In short, if you have been arrested for DUI in Arizona a police officer will request that you participate in breathalyzer testing or provide a blood or urine sample for the purpose of determining your alcohol concentration or whether you are driving with any illegal drugs in your system. If you refuse to provide the requested sample, you will be served with a notice stating that your drivers license will be suspended for one year.
Aside from the one year suspension, police officers will still attempt to obtain a blood sample for purposes of the DUI investigation by obtaining a court order or search warrant permitting them to draw your blood. Officers can obtain a warrant by by submitting an affidavit and warrant in person, by telephone or by facsimile. Now, with ever increasing technology, police officers from around the state can obtain a search warrant in mere minutes by submitting the required documents to a judge or magistrate by e-mail.
Starting August 1, 2018, all law enforcement agencies across Arizona will be able to use a system for electronically getting search warrants to obtain blood samples in cases involving suspected drunken-drivers and vehicle-related homicide and aggravated assault. The system in which requests are sent electronically to Maricopa County Superior Court judges and then issued electronically reduces costs of materials and manpower and saves time. The state Supreme Court in 2012 first authorized courts and law enforcement agencies in Maricopa County to participate in an electronic search warrant program. The court in 2016 expanded the program to allow the state Department of Public Safety to use the system statewide and the latest order says all law enforcement agencies across the state can use the system.
Obviously, with the use of electronic search warrants, police officers and prosecutors now have another tool in their arsenal to penalize people arrested for and charged with DUI or other crimes involving driving, alcohol or drugs.
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