The Refused Blood Draw
At 10:40 p.m. you respond to a two-car collision at an intersection. No one is injured. The driver of the at-fault vehicle, Mr. Hale, has bloodshot eyes, slurred speech, and an odor of alcohol. He admits to 'two beers' and says he is 22. You see an open beer can in the cupholder. He refuses field sobriety tests and a preliminary breath test. You arrest him for DUI. He then refuses to consent to a blood draw. The tow truck is en route. You have a cell phone and can reach a judge. Your department has an inventory policy for towed vehicles.
1. Can you order a blood draw without a warrant because of Arizona's implied-consent law? Explain.
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No. Implied consent is not a blanket authorization to take blood by force without a warrant. After a lawful DUI arrest, the officer may request a test, and a refusal triggers administrative consequences, but a compelled warrantless blood draw is generally not permitted absent a true exigency. The safer and correct course is to apply for a search warrant. Use the observed signs, the admission, the open container, the collision, and the refusal to support probable cause in a telephonic or electronic warrant. Document the implied-consent advisement and the refusal exactly.
2. What steps should you take now to secure the evidence and protect the case?
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First, read the implied-consent advisement accurately and record the refusal. Second, contact the on-call judge and seek a warrant for blood. Prepare a precise affidavit: driving, collision, odor, bloodshot eyes, slurred speech, admission, open container, refusal of field tests, and the arrest. Third, arrange for a qualified medical provider to draw the blood and document the time, kit, and chain of custody. Fourth, preserve dash-camera and body-camera video and any hospital records obtained by warrant or subpoena. Do not let the tow or booking process destroy evidence; coordinate the tow after the evidentiary steps are secured.
3. What is the proper scope of the vehicle inventory, and why does it matter?
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The inventory must follow written department policy and serve a caretaking purpose-protecting valuables and guarding against claims of lost property-not an investigative purpose. If policy allows closed containers to be opened, do so consistently and document it. Do not use the inventory as a pretext to search for alcohol evidence; if you want to search for evidence in the vehicle, rely on a warrant, consent, or another valid exception. List items found, their location, and disposition. The distinction matters because an inventory conducted as a pretext can be challenged and may taint evidence.