Do you know your rights if you get arrested for DUI?

Do you know your rights if you get arrested for DUI?

Posted: Updated:
Labor day DUI patrols. (Source: 3TV/CBS5 News) Labor day DUI patrols. (Source: 3TV/CBS5 News)
Officers checking drivers at a DUI checkpoint. (Source: 3TV/CBS 5 News) Officers checking drivers at a DUI checkpoint. (Source: 3TV/CBS 5 News)
PHOENIX (3TV/CBS 5) -

You may have seen the video on social media of a nurse in Utah being arrested for refusing to draw blood from an unconscious patient hurt in a car crash.

She told police it was against policy but an officer arrested her and physically removed her out from the hospital. The nurse did not get charged criminal but the officer is now on leave.

[RELATED: Nurse arrested after refusing to draw blood from unconscious patient]

The Labor Day weekend is upon us and DUI patrol will be out in full force. Do you know your rights if you get arrested for DUI?

[RELATED: Law enforcement will be out patrolling the lakes for Labor Day]

Aaron Black is a criminal defense attorney in Phoenix. He says nearly every jurisdiction in the state is doing blood draws these days to test the blood alcohol content of suspected drunk drivers.

The vast majority of officers either get consent from the suspect or they get warrants. A process made much easier over the years.

"There are judges on call 24 hours a day and it can take probably 5 minutes to get a warrant through a fax they have email warrants now or you can call up and get one over the phone," said Black.

If an officer does not have a warrant they either need your consent, or proof that there are emergency circumstances preventing them from getting a warrant. None of that changes if you are in the hospital getting medical treatment or unconscious for some reason.

"The United States Supreme Court has held that you should be getting a warrant in these types of cases if someone can't consent to a blood draw," said Black.

Arizona does have a law on the books that anyone who takes blood from a DUI suspect, including medical personnel, is required to turn the sample over to law officers or they are guilty of a crime. But policies, in most law agencies across the state, direct officers to obtain a warrant in that situation.    

"It appears to me from the videos I've watched from police officers, that the medical personnel and these police officers all have very good working relationships," said Black.   

If you are arrested for DUI and refuse a blood, breath or urine test, your license will automatically be suspended for one year, longer if it’s your second offense.  

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