CAN A POLICE OFFICER REQUIRE ME TO TAKE A DUI BLOOD TEST?

Being pulled over for a suspected DUI is nerve-wracking, and drivers know that a conviction means big life changes. So to avoid it, drivers might refuse a blood test, which legally, the driver can do.

However, if a police officer has reasonable suspicions that you might be under the influence, the officer can get a warrant, at which point you must submit to a blood test. If your DUI charges had questionable circumstances, hire an Arizona DUI attorney to represent your case.

Why Drivers Might Delay a Blood Test

When you get behind the wheel of a car in Arizona, you submit to the laws and regulations of such activity. One law is that you must drive responsibly, which means not drinking and driving. So when an officer pulls you over and asks for a blood test and you know you’ve been drinking, sometimes delaying that test can be helpful.

The longer that you delay the blood test, the more likely you’ll be to sober up in that time, making the blood alcohol content lower. If the officer smells alcohol on your breath, you’re slurring your words, you fail a field sobriety test or there are other indicators of driving under the influence, the officer could obtain a warrant for the blood test.

Arizona DUIs and Blood Testing

The fourth amendment of the Constitution protects you from unlawful search and seizure. That applies to both your vehicle and your person, which means your blood is protected by the law.

This means that a police officer cannot randomly submit you to DUI tests. There must be signs of drinking and driving before the officer can make you take any tests. These signs might include:

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Legal Scenario: What Would You Do?

Scenario

You were pulled over at a DUI checkpoint late on a Saturday night after leaving a friend's birthday party. The officer says you smell like alcohol and is now asking you to submit to a blood test right there on the side of the road.

Can I refuse the blood test, or does the officer have the right to force me to take one?

Attorney's Answer

Under the landmark Supreme Court decision in Birchfield v. North Dakota (2016), police generally cannot require a blood test without a warrant because it constitutes a significant bodily intrusion protected by the Fourth Amendment. However, if the officer obtains a warrant based on probable cause — such as your driving pattern, the smell of alcohol, or failed field sobriety tests — you are legally required to comply. It is also important to know that most states have implied consent laws, meaning that by driving on public roads you have already agreed to chemical testing, and refusing can result in automatic license suspension and other penalties even without a DUI conviction. You should cooperate if a warrant is presented, but you have the right to contact an attorney as soon as possible to protect your interests throughout the process.

This is general information only. Contact us for advice specific to your situation.

• Slurred speech
• Smelling like alcohol
• Bloodshot or glassy-looking eyes
• Struggling with fine motor skills
• Problems with balance
• Confusion
• Aggressive behavior

When a driver admits to drinking alcohol before driving – even if it’s within moderation – this can also give the officer cause to test you. Be very careful about what you say during a traffic stop to avoid this common trap.

When Officers Can Obtain a Warrant