Court sets standard for on use of blood samples in DUI cases
By The Associated Press
(Source: Oleg Dudko via 123RF)
The Arizona Supreme Court says police can't use a DUI suspect's blood sample taken for medical reasons unless they have a warrant or the suspect either consented to treatment or was incapable of providing consent.
The court set that standard Wednesday while ruling on an appeal involving a man who thrashed and yelled at paramedics after being injured in a 2010 Scottsdale accident in which one person was killed and four others injured.
A blood sample showed that Patrick McLeod Nissley had methamphetamine and heroin in his system, and he was convicted of reckless manslaughter and other crimes.
The Supreme Court ordered a trial judge to hold a hearing on whether Nissley was able to competently direct his own medical treatment and whether police lawfully obtained the blood sample.