State v. Cocio

In State v. Cocio, 147 Ariz. 277, 283-84, 709 P.2d 1336, 1344-45 (1985), the Arizona Supreme Court addressed the constitutionality and application of the predecessor statute, former A.R.S. 28-692(M). The court held that, under the statute, removal of blood without a warrant from a person suspected of DUI is constitutionally permissible if there is "probable cause . . . to believe the person has been driving under the influence of an intoxicant, . . . exigent circumstances are present and, . . . the blood is drawn for medical purposes by medical personnel." 147 Ariz. at 286, 709 P.2d at 1345. The court in Cocio also ruled that the statutory language "'taken from that person for any reason'" means that "the blood must be drawn by medical personnel for any medical reason so as not to conflict with the orderly administration of care to those injured." 147 Ariz. at 286, 709 P.2d at 1345, quoting former 28-692(M).