Thursday, December 18, 2008

Police To Draw Blood In Arizona DUI Cases

During the past 15 years, most large law-enforcement agencies statewide have moved from using Breathalyzers in favor of using blood to determine alcohol levels. Thanks to a grant from the federal government, more small and midsize police forces are putting officers through a five-day course to learn the art of phlebotomy. The grant allowed the Governor's Office of Highway Safety to put about 170 officers through the program this year, in addition to the 100 it paid for last year. The money is part of a $4.5 million grant package the state annually receives because the National Highway Traffic Safety Administration considers Arizona an "opportunity state," with nearly one-third of its traffic fatalities tied to drinking. "Breath testing is primarily used throughout the state, but blood is being used more and more," said Alan Haywood, a Department of Public Safety officer and program coordinator. "We call it the CSI effect: Juries and judges want evidence, and they like the blood." Defense attorneys aren't quite as pleased. The move toward blood-only testing has removed a key underpinning of a DUI defense: faulty equipment.

The state requires officers to draw blood from 100 patients successfully as part of the training. They must maintain their qualification with a minimum of 24 blood-draws each year.
That brings many officers to the lab at Carl T. Hayden VA Medical Center, which processes 300 to 400 patients for blood work each day.

The information in this blog is not, nor is it intended to be, legal advice. Please contact us to obtain legal advice pertaining to your situation.

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