Tucson Judge Rules That DPS Tests of DUI Suspects Unconstitutional

Pima County Superior Court Judge Richard S. Fields ruled late last week that the Arizona Department of Public Safety's (DPS) practice of drawing blood from individuals suspected of driving under the influence of alcohol or drugs is unconstitutional. Fields argued that by drawing a suspect's blood in the back seat of a patrol car or alongside the road, the Department of Public Safety was not taking proper health precautions in order to avoid risk of infection or injury and was also violating an individual's Fourth Amendment right against unreasonable search and seizure.

Judge Fields' ruling came after he decided that blood-alcohol evidence collected by an Arizona Department of Public Safety officer was inadmissible in court because of the method of blood collection utilized. In the case, the individual suspected of driving under the influence had his blood drawn by an officer while seated in the back seat of a dimly lit patrol vehicle. While the officer drawing the blood sample indicated that he was wearing gloves, he did not state whether or not he had washed his hands prior to taking the sample.

Judge Fields supported his ruling by stating that law enforcement officials have alternatives to blood testing when a blood technician (phlebotomist) is not readily available. However, officers generally prefer to utilize a blood sample over alternative testing methods such as a breathalyzer because the blood test is far more accurate and requires less equipment to set up in advance. In the case of blood testing, a blood sample test generally requires a trip to the hospital so that the phlebotomist is able to draw the blood in an accurate and health conscious environment. When phlebotomists are unavailable or it will take too long for an individual to be taken to a hospital in order to accurately test one's blood alcohol content (BAC), officers have resorted to these backseat blood-drawing tactics.

This is why the practice of drawing blood on the side of the road has become increasingly common in recent years. This way, officers can be sure that the evidence they collected accurate, based on both the timeliness of the test and the precision of the blood-alcohol test itself, when compared to other testing methods.

As a result of Judge Fields' ruling, Chief Criminal Deputy County Attorney David Berkman has stated that prosecutors will soon be dismissing the individual's DUI charges in the alleged drunk driving case. This ruling could have potential negative implications for prosecutors, who may be forced to dismiss cases that are still pending and that rely on improperly collected blood evidence.

Tucscon defense attorney Tom Jacobs states that this challenge of Department of Public Safety authority has not been restricted to Judge Fields' ruling. In addition, Pima County Consolidated Court Justice Jose Luis Castillo issued a similar ruling in another case regarding the constitutionality of Department of Public Safety blood testing of individuals suspected of driving under the influence.

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