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Arizona DUI
Phoenix Arizona DUI and Tent City Survival Guide
Phoenix Arizona DUI and Tent City Survival Guide

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Arizona DUI Laws – The Supreme Court will decide if the police can take your blood without your permission

The U.S Supreme Court will hear all the arguments in a case that will clarify about 50 years of doubt over the constitutionality of blood tests which are taken without permission.
Michael A. Correll, a litigator with the international law firm Alson & Bird is skeptical about the court decision and declared that the police won`t take blood every single time someone gets pulled over for DUI.
This case began in 2010 when Tyler McNeely refused to take a blood test after speeding. The police took him to the hospital and they forced him to take blood sample. But McNeely persuaded the trial because of the violation of the Fourth Amendment of the U.S. Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
While the Arizona DUI Laws say that the refusal to take a chemical is punished from 1 year suspension of license to 2 year or jail time between 24 hours and 30 days, the Missouri Supreme Court agreed with McNelly in January 2012:
The patrolman here, however, was not faced with the “special facts” of Schmerber. Because there was no accident to investigate and there was no need to arrange for the medical treatment of any occupants, there was no delay that would threaten the destruction of evidence before a warrant could be obtained. … The sole special fact present in this case, that blood-alcohol levels dissipate after drinking ceases, is not a per se exigency pursuant to Schmerber justifying an officer to order a blood test without obtaining a warrant from a neutral judge.
Because of the conflict on this fundamental American Fourth Amendment issue on Arizona DUI the state of Missouri asked the U.S Supreme Court to step in.
The American Civil Liberties Union stepped in and argued that there were no special circumstances on changing the law. As for McNeely he`s not off the hook even if he wins because his driver’s license was revoked.
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