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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Blood Testing Archives

Expedited Search Warrants

Did you know that Phoenix police officers can get a signed search warrant for a blood sample from a seemingly intoxicated driver within minutes? Traditionally, if a suspected driver refuses a blood test, police officers would have to drive to a station, type up a warrant, fax it to the court and then wait to hear from a judge. This new system is called an eSearch Warrant Application, and it allows an officer to send a warrant from their patrol car, where it is sent to a judge who can approve or deny the document from a laptop in a much shorter time.

Superior Court Suppresses Blood Results

The filing of motions on legal issues is part of the art of "lawyering." In the DUI arena, most motions are intended to either suppress (i.e., keep out) evidence for various constitutional violations, or to dismiss the case in its entirety due to lack of evidence, procedural error, bad-faith prosecution, or hundreds of other reasons. All of these motions, and the numerous other types that are filed on a daily basis, ultimately are used as a tool to both protect and enforce our clients' rights.

The Liquid Ruler

One of the myths that I am determined to dispel is the idea of "perfection" in DUI blood testing. I have had far too many clients come to me and indicate that they have heard from friends, family, and shockingly even other attorneys, that because they took a blood test in their case, there is nothing that can be done to help them. This statement is 100% inaccurate.

Scottsdale Crime Lab in Trouble

The Arizona Republic reported over the weekend that the Scottsdale Crime lab is in trouble. As a DUI Lawyer who practices in Scottsdale, I have been screaming this for years. The Republic's piece focused on the Maricopa County Superior Court hearings regarding the admissibility of the blood test results that are coming out of the Scottsdale Lab. In essence, a Superior Court Judge in a felony DUI case is hearing arguments as to whether the lab work in the Scottsdale Crime Lab is so unreliable that the results should be precluded from being brought up in trial, and hence will never be heard by a jury. Despite the fact that whatever ruling that is ultimately handed down by the Superior Court Judge is not technically binding on the Scottsdale City Court Judges (where 95% of all DUI cases are heard), this ruling should shake some things up in the City Court.

Breaking News: "Phlebot-o-cops" are now in Scottsdale

Some Valley residents might be aware that for several years now, police officers throughout Maricopa County have been conducting blood draws, without warrants, on people they have placed under arrest for DUI. Others may not be aware that the large Phoenix PD vans you see parked on the side of the road are actually mini-blood draw stations where arrestees are interviewed, pricked, and had their blood removed from their bodies by officers within a limited time of arrest. Furthermore, these blood draws aren't just done in vans or at police stations, during DUI Task force events, arrestees are taken to any number of bizarre places throughout the valley like sports stadiums and gas stations, where a myriad of arrestees are waiting in line like cattle to have their blood drawn and packaged up and handed over to the impatiently waiting police officers who arrested them. Until now, Scottsdale was one of the jurisdictions that, if you were arrested there, you were generally taken to the hospital to have your blood drawn by a phlebotomist, who was usually a hospital nurse. (A phlebotomist is a person who has been trained in drawing blood). However, Scottsdale has recently put some of its officers through a five day phlebotomy class, and arrestees in Scottsdale will no longer have the luxury of being escorted to the hospital and drawn on by a professional. But, just because the officers have the capability to draw your blood, does not mean that you should necessarily immediately consent to the blood draw. If you are arrested for DUI, before you consent to any physical or chemical testing, you should ask for a private phone call and call an experienced attorney immediately. The officers will make it seem like you have no choice, but in reality, you do have a legal right to speak with an attorney as long as you are not unduly delaying an investigation. We are available 24/7.

We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

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