The Arizona Supreme Court says police can’t have blood samples taken from an unconscious DUI suspect without having a search warrant or facing urgent circumstances beyond the natural dissipation of alcohol in blood.
The Arizona ruling Thursday weighed the constitutionality of a state law allowing warrantless blood draws in suspected DUI cases in which a driver is dead, unconscious or otherwise incapable of refusing to grant permission.
The Arizona court says its decision tracks a 2013 U.S. Supreme Court ruling on warrantless blood draws from DUI suspects.
The decision says the law still can apply under so-called “exigent circumstances” but not in the case of a man whose blood was sampled after a 2012 crash.
The court sent his case back to trial court to consider another legal issue.