When Arizona Police don't take no for an answer
DUI Lawyer Allen Trapp did a blog post that caught my attention because it involves the city where I live and work, Scottsdale, Arizona. While we don't discuss celebrity DUI cases on this blog unless there is some educational value, Mr. Trapp brings up an excellent point about Arizona DUI Law.
Here's a quote from his post:
Charles Barkley - A Forced Blood Draw: Barkley declined to submit to a breath test but was given a blood test, which is common in Arizona where the police don’t just take ‘No’ for an answer.
(Via Georgia DUI Blog.)
I agree with the statement "police don't just take "No" for an answer on many levels, but want to explain how the process works in Scottsdale DUI cases. Scottsdale defaults to blood, which means that they always request a blood test. The preliminary breath test (PBT) may be offered, but is not admissible into evidence, and the refusal to take it can't be held against a person. What I presume Barkley refused was the PBT. Now if a person refuses to take a blood test in Scottsdale, the police don't have to, and usually do not take no for an answer. Instead, they seek a search warrant and the forcibly draw blood if necessary.
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I agree with the statement "police don't just take "No" for an answer on many levels, but want to explain how the process works in Scottsdale DUI cases. Scottsdale defaults to blood, which means that they always request a blood test. The preliminary breath test (PBT) may be offered, but is not admissible into evidence, and the refusal to take it can't be held against a person. What I presume Barkley refused was the PBT. Now if a person refuses to take a blood test in Scottsdale, the police don't have to, and usually do not take no for an answer. Instead, they seek a search warrant and the forcibly draw blood if necessary.
This comment is absolutely correct. Blood draws have been used for more than 10 years in Scottsdale. The PBT is part of the standard field sobriety tests and not used to officially determine BAC%. Blood draws are done at the local hospital. Search warrant blood draws are done at the city jail.