It's Now Easier for Arizona Police Officers to Get Search Warrants in DUI Cases

Posted by Raymond Kimble | Jun 12, 2018 | 0 Comments

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.  

CALL (480) 833-8613 TO GET HELP NOW

If you, a family member or friend has been arrested for a DUI offense in Arizona, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.

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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