Arizona Traffic Law 6
A.R.S. 28-1388
Blood and breath tests; violation; classification; admissible evidence
A. If blood is drawn under section 28-1321, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection.
B. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test pursuant to subsection C of this section, a sample of the person's breath does not have to be collected or preserved.
C. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person's own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
D. If a person under arrest refuses to submit to a test or tests under section 28-1321, whether or not a sample was collected pursuant to subsection E of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases.
E. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated section 28-1381 and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. A person who fails to comply with this subsection is guilty of a class 1 misdemeanor.
F. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or using the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or other bodily substances unless the person, while performing the activity, acts with gross negligence.
G. A statement by the defendant that the defendant was driving a vehicle that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible.
Comment: If a police officer wants to test your blood for alcohol concentration, he/she must use someone qualified under the law to do this procedure. You can seek to have your own test administered, but if you don't do this, it won't block the evidence from the police's physician, nurse, etc. If you refuse the test, the refusal can be brought into the court's DUI trial.
Phoenix Injury and Criminal Defense Attorneys
Phoenix Large Truck Accident Lawyer
Accidente de Camiones Abogado Phoenix
A.R.S. 28-1389
Waiver of fine, surcharge or assessment
Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article.
Comment: If you are convicted for something like a DUI or traffic violation, the court cannot waive or eliminate the fine or fee that you have to pay under certain statutes referenced.
Phoenix DUI Defense Lawyers Arizona
A.R.S. 28-1390
Emergency personnel; law enforcement
A. Notwithstanding any other law, if a law enforcement officer reasonably believes that a person may have violated section 28-1381, 28-1382 or 28-1383, the law enforcement officer may request emergency department personnel of a health care institution as defined in section 36-401 to provide to the law enforcement officer a copy of any written or electronic report of the person's blood alcohol concentration.
B. Before requesting the information required by subsection A of this section, a law enforcement officer shall obtain permission from the emergency department director or the director's designee to speak with the personnel. The permission shall not be refused, but may be delayed if, in the opinion of the emergency department director or the director's designee, taking the personnel away from patient care duties could cause patient harm.
C. If a law enforcement officer makes a request of emergency department personnel pursuant to subsection A of this section, the personnel shall comply with the request. Emergency department personnel are not required to determine whether a law enforcement officer has a reasonable belief that a person may have violated section 28-1381, 28-1382 or 28-1383 when complying with the request in subsection A of this section.
D. Emergency department personnel do not incur any civil liability as a result of complying with this section unless the personnel, while performing the activity, act with gross negligence.
Comment: A police officer that thinks you were driving under the influence can obtain a report from the health official that tested you. The police officer has procedures he/she must in doing this.
Phoenix Arizona Bankruptcy Attorney
Phoenix Truck Accident Attorneys, Arizona Car Accident
Personal Injury Lawyers Phoenix Arizona
A.R.S. 28-1401
Special ignition interlock restricted driver licenses; application fee
A. A person whose class D or class G license has been suspended or revoked for a first offense of section 28-1321 or section 28-1383, subsection A, paragraph 3, may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28-1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to either of the following:
1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.
2. Section 28-1383, if the person meets the criteria of section 28-1383, subsection K and the person presents evidence that is satisfactory to the director that shows that the person has completed screening and treatment.
B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.
C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the restrictions prescribed in section 28-1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.
D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28-3319.
Comment: If a driver has been convicted of their first DUI, and their license was suspended, they can seek to obtain a restricted license that will have an "ignition interlock" in their car. The statute talks about the procedures invovled.
Abogado Phoenix Accidentes Arizona