The Arizona Supreme Court decided a case that came out on April 26th, 2016. The ruling could be very beneficial to people who have been pulled over and charged with DUI since then - it will continue to be beneficial until police are instructed on how to modify their DUI investigations based on the court's decision. Here is a basic explanation:
Implied ConsentIn Arizona, the law states that by driving on public roadways a person is giving their implied consent to submit to blood and breath tests if they are arrested for a DUI.
Admin Per SeAfter arresting someone for DUI, officers will ask the person if they will submit to a blood or breath test. The officers will then read what is called the Admin Per Se. In part, the Admin Per Se says "Arizona law requires you to submit to and successfully complete tests of breath, blood or other bodily substance as chosen by a law enforcement officer to determine alcohol concentration or drug content." They officers will also often tell the person that refusing to submit to the test will result in a 1 year suspension of your driver's license.
New AZ Supreme Court CaseAccording to the new case decided by the AZ Supreme Court, if the Admin Per Se is the only thing the officers tells a person about submitting to a blood or breath test and the person then consents to the test, that consent is most likely involuntary.
What does it mean that the consent was involuntary?If your attorney knows about this new case, they will likely be able to have the results of the blood and/or breath test suppressed - meaning they can't be used in the case against you. In most cases, if the blood/breath tests are suppressed, the charges will be dismissed because of a lack of evidence to prove the DUI.
If you have been charged with a DUI since April 26th, 2016 and consented to blood/breath tests after being read the Admin Per Se - your case could be dismissed.