 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Kemp8/21/1990
788 P.2d 99 (App.1989).
The cases relied upon in Montano differ factually from the one before us in that they concern the invocation of the implied consent law rather than the medical purposes exception of A.R.S. § 28-692(M). We do not find this distinction meaningful for purposes of due process analysis. The implied consent law and medical purposes exception are linked to the same goal of providing the state with an effective means of obtaining dispositive evidence of guilt for driving under the influence (DUI) prosecutions. When the government seizes a breath sample pursuant to the implied consent law, an accused also has the right to obtain a sample. Fairness requires the same result when the government seizes a blood sample pursuant to the medical purposes exception. Therefore, we hold that when law enforcement officers obtain a blood sample pursuant to A.R.S. § 28-692(M), the suspect must be advised of his right to obtain a portion of the same sample. In addition, if the suspect is for any reason incompetent or unable to request a sample of his blood, the government must collect and preserve a sample for the suspect. Because the police did not inform appellant of his right to obtain a portion of the blood sample drawn by the hospital and obtained by the police, the court's order denying suppression of his blood results was error. Because of our disposition of this case, we need not reach the issue of whether a suspect must be advised of a right to obtain an independent blood sample.
We therefore reverse the judgment of conviction on the manslaughter and DUI with a suspended license charges and remand for a new trial. Appellant's conviction of DUI with a .10 percent or more blood alcohol content is dismissed with prejudice. Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261 (1989).
Page 1 2 3 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|