Whether it’s alcohol, methamphetamine or marijuana, officers are not allowed to run a driver’s blood sample unless they have legal permission.
Unless the driver agrees to a blood test — or an officer has a warrant — the Arizona Supreme Court says police cannot run a DUI blood sample, even if they suspect the driver is high or the blood is easy to collect.
An officer can take a sample if the driver is passed out and incapable of providing consent. Wednesday's ruling came after multiple appeals in a 2010 DUI case.
Patrick Nissley was convicted on reckless manslaughter. A blood sample taken while medics attended to Nissley’s injuries, showed he had methamphetamine and heroin in his system. The court ordered a follow up hearing to determine whether his blood was taken without his consent.
