In a unanimous decision, the five justices on Arizona's Supreme Court wrote that the state's implied consent law does not mean that police officers or sheriff's deputies can draw blood from a DUI suspect without a warrant if the suspect does not expressly give permission. However, the justices did write that not giving consent for the blood draw does still mean an immediate suspension of a DUI suspect's Arizona drivers license.
The ruling stems from a 2006 case where a man, who spoke only Spanish, had blood drawn while sitting on the steps of a police van in Phoenix. Officers at the time said they used gestures and some limited Spanish to communicate that they wanted to draw blood and the man reportedly held his arm out. Once in court, however, the man said he did not give consent for his blood to be drawn.