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Posted on May 22, 2014 in Blood Testing
Did you know that Phoenix police officers can get a signed search warrant for a blood sample from a seemingly intoxicated driver within minutes? Traditionally, if a suspected driver refuses a blood test, police officers would have to drive to a station, type up a warrant, fax it to the court and thenwait to hear from a judge. This new system is called an eSearch Warrant Application, and it allows an officer to send a warrant from their patrol car, where it is sent to a judge who can approve or deny the document from a laptop in a much shorter time.
As always, officers must have probable cause to make a DUI arrest and be able to obtain a blood sample, based on several factors. Some of these factors include the driver’s driving behavior, bloodshot eyes, smell of liquor on the person, and failing a field sobriety test.
However, if you have already taken a field sobriety test, a breath test, or even spoken to a police officer, there is a good chance they have already found probable cause to arrest you if you resist a blood sample. Attorney Craig Rosenstein has formulated a convenient Do and Don’tchecklist of steps you should take if you get pulled over and are suspected of DUI.
Do:
· Provide your NAME, LICENSE, REGISTRATION & INSURANCE
· Firmly but politely REQUEST TO CALL YOUR ATTORNEY at 480-248-7666
· Firmly but politely request a private phone call when speaking with the attorney
· Firmly but politely request to be immediately released to obtain an independent test
Don’t:
· DON’T answer the officer’s questions- Your word will be used against you
· DON’T agree to do the eye test- It is unwise
· DON’T agree to do any balancing tests- It is unwise
· DON’T agree to a BLOOD, BREATH, or URINE test until you have TALKED WITH AN ATTORNEY– or until the officer advises “you’re entitled to No Further Delay”
Getting pulled over and arrested for a DUI is extremely stressful and overwhelming. These tips are to help you know your rights so police enforcement does not take advantage of you in this situation. The Rosenstein Law Group is available 24/7 and offers road side assistance, along with free consultations in order to be able to immediately assist you.