In Arizona, the State has a right under our implied consent statute to obtain a blood/breath sample if you’re arrested on suspicion of DUI. However, there have been concerns about the language an officer uses to inform an arrestee of this law and what a suspect faces if he or she refuses to consent to a…
FBI’s Forensic Crime Lab Under Review
After our recent blog posts about forensic labs across the country, maybe you thought, well, it is a problem, but these are all crime labs in smaller jurisdictions. They’re not necessarily going to be able to hire the best chemists and forensic scientists in the country. They have budget restraints. So yeah, we definitely need…
The Future of DUI Detection
The year is 2020. You and your friends were out celebrating an event at a bar and no one had a sober driver, but not to worry! You have an autonomous car that will safely drive itself back to your home while you’re curled up in the fetal position on the floorboards regretting the last…
Scottsdale Crime Lab: Blood Test Results Challenged
One of the most important pieces of evidence in a DUI case is the blood test result. Once a subject’s blood is drawn, the sample is put into police custody. The blood in evidence is tested for alcohol, and results are reported as evidence. In Scottsdale, blood tests are the most common test conducted on…
4th Amendment Protections: Are Warrantless Blood Draws Constitutional?
The United States Supreme Court has recently agreed to hear an important new case. Missouri v. McNeely involves a DUI blood draw done without consent and without a warrant. Typically, when a person is arrested on suspicion of DUI and refuses to do a blood or a breath test, the officer is legally required to…
Braun’s Appeal: Forensic Testing and High Standards
Last week, Ryan Braun made history, becoming the first major league athlete to successfully appeal charges of steroid use and avoiding a 50-game suspension penalty. This is entirely unheard-of in the sports world. Allegations of performance enhancing through drugs and steroids are fairly common, especially in a career where physical capabilities are so important. Bud…
Science and DUI Testing: The Basics
In January, I posted an article about the importance of knowing your rights during a DUI investigation, specifically your rights when you are initially pulled over, questioned, and asked to submit to field sobriety tests. Your rights as a defendant continue through all of the fact-finding process. Upon arrest your blood, breath, or urine is…