KGUN 9 On Your SideNews

Actions

Court upholds 'informed consent' law on DUI test

Posted at 7:00 AM, Dec 10, 2015
and last updated 2015-12-10 09:00:00-05
PHOENIX (AP) - The state Court of Appeals has upheld the constitutionality of Arizona's so-called "implied consent" law on testing to determine whether drivers are under the influence of drugs or alcohol.
 
The law allows police to request drivers to submit to tests if police have reasonable grounds to believe that drivers are committing DUI offenses.
 
If drivers refuse, their licenses are suspended for 12 months on a first offense.
 
The Court of Appeals' ruling Tuesday stemmed from a man's 2013 DUI conviction in Scottsdale. The defendant argued that a blood sample was obtained in violation of his Fourth Amendment rights against unwarranted search and seizures.
 
The ruling said the law requires actual consent before a test is conducted and because penalties are based on a strong state interest in regulating intoxicated drivers.