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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

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

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

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

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

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 it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all 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. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

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

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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