ARS 28-1388 Interpretation

In State v. Cocio, 147 Ariz. 277, 283-84, 709 P.2d 1336, 1344-45 (1985), the Arizona Supreme Court considered whether the predecessor statute to 28-1388 violated the constitution. To comply with existing constitutional case law, the court enumerated three requirements before a law enforcement officer may obtain a sample pursuant to this exception: (1) the officer must have probable cause to believe the person has violated the DUI statutes; (2) exigent circumstances must exist; (3) the blood must be drawn "for medical purposes by medical personnel." Id. at 284, 709 P.2d at 1345.