The Police May Apply For a Warrant to Order You to Submit to a Blood Test

Interviewer: You mentioned breath tests aren’t very common anymore and we talked a little bit about refusal. If a person refuses the blood or breath or, very rarely, urine, what will the police do? Will they typically just call or try to get a telephonic warrant?

Brian Sloan: Yes. There’s certain ways that officers can get a blood test from a person and it really depends on the situation. A suspect can submit to the blood draw. The officer is required to read the admin per se implied consent.

Arizona’s Telephonic Warrants

He or she is required to tell suspects that, pursuant to Arizona law, they are required to provide blood, breath or urine, at the officer’s request and that a failure to do so will result in their license being suspended for a year. If the person still does not expressly consent to the blood being taken, the officers will suspend the license for a year and then we’ll get a telephonic warrant.

Telephonic warrants can take anywhere from 10 minutes to an hour, but once the officer comes back with that telephonic warrant, the suspect has no legal right to refuse. They can try to refuse. They can try to fight the officer. It’s not recommended and, if they do that, the officers can take them down and can physically force the person to submit to the blood because they have a warrant.

They can jab the person many times with the needle. I’ve seen that happen when an officer has a person who’s not cooperating or has a person who doesn’t necessarily have accessible veins that allow an easy blood draw.

They’re going to try it in the crook of your arm. They’re going to try it in your wrist. They’re going to try it in your hand and, there are some cases, where people are pulled six times, in six different places, in an attempt to get a blood draw.

That person tends to come out of that very bruised because they have been stuck with a needle so many times.

If You Are Unconscious, the Police Are Allowed to Draw Your Blood

Then, the other way officers are allowed to get blood from people is if they are unconscious. The officer is basically given consent to take a blood sample from someone who is in a coma or unconscious or unable to prevent or refuse. Under Arizona law, if a suspect is being treated by a hospital, an officer is entitled to a sample of blood taken by a medical professional, for medical purposes.

By Brian Douglas Sloan

Call me today for an
‘In Depth’ Free Consultation

Brian Douglas Sloan

DUI ATTORNEY


Phoenix DUI Lawyer

Why Attorney Brian Douglas Sloan?

18+

18+ Years SOLELY Focused on DUI Defense

4,100+

4,100+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

AVVO.com

Preeminent
4.9 / 5.0

Martindale-hubble

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on DUI Defense representation, having defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: “I’m not the one for you”.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are “aggressive”, or “will fight for you”, are a dime a dozen. They use these phrases because that is what they think people want to hear. The truth of the matter is, being “aggressive” rarely gets the client anywhere in these court systems. Being “aggressive” isn’t the same as being good.

The same is true for the lawyers that claim to do DUI Defense… and Criminal Cases…, and Accident cases…, and Divorces. A Jack-of-all-Trades is a master of none. By handling all different sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI defense, at an exceptional price.

I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produce DUI Legal Guides used by defense lawyers across Arizona.


Brian Douglas Sloan

DUI Attorney

Free Initial
Consultation

Email address:
Sloan@ArizDUI.com
2 N. Central Ave Suite 1929
Phoenix, AZ 85004