PLB 109 FORENSIC PHLEBOTOMY TEST
QUESTIONS AND ANSWERS
ARS 28-1388 - ANSWER "Only a physician, a registered nurse or another
qualified person may withdraw blood to determine the alcohol concentration or
drug content in the blood."
If a law enforcement officer has probable cause to believe that a person has
violated section 28-1381 and a sample of blood, urine or other bodily substance
is taken from that person for any reason, a portion of that sample sufficient for
analysis shall be provided to a law enforcement officer if requested for law
enforcement purposes.
ARS 28-1321 - ANSWER Admin Per Se/Implied Consent
ARS 28-1390 - ANSWER LEO can a report request a printout of blood
alcohol concentration from a hospital from the "emergency department director"
if they have reasonable belief said patient has violated ARS 28-1381.
SCHMERBER V. CALIFORNIA (1966) - ANSWER Per Schmerber V.
California, requirements for a blood draw to be considered reasonable are:
An officer must believe exigent circumstances exist
The officer needs probable cause.
Procedures must be reasonable.
STATE V. MAY (2005) - ANSWER Officer drew blood while patient was
standing
(Standing is outside of CLSI rules: make sure you follow "seated, safe, and
secure" guidelines now)
CARRILLO V. HOUSER - ANSWER Must have "express consent" when
drawing the suspect's blood absent a warrant.
STATE V. QUINN - ANSWER 28-673 does not authorize drawing blood
without probable cause that the driver was under the influence and in the
absence of a warrant.
QUESTIONS AND ANSWERS
ARS 28-1388 - ANSWER "Only a physician, a registered nurse or another
qualified person may withdraw blood to determine the alcohol concentration or
drug content in the blood."
If a law enforcement officer has probable cause to believe that a person has
violated section 28-1381 and a sample of blood, urine or other bodily substance
is taken from that person for any reason, a portion of that sample sufficient for
analysis shall be provided to a law enforcement officer if requested for law
enforcement purposes.
ARS 28-1321 - ANSWER Admin Per Se/Implied Consent
ARS 28-1390 - ANSWER LEO can a report request a printout of blood
alcohol concentration from a hospital from the "emergency department director"
if they have reasonable belief said patient has violated ARS 28-1381.
SCHMERBER V. CALIFORNIA (1966) - ANSWER Per Schmerber V.
California, requirements for a blood draw to be considered reasonable are:
An officer must believe exigent circumstances exist
The officer needs probable cause.
Procedures must be reasonable.
STATE V. MAY (2005) - ANSWER Officer drew blood while patient was
standing
(Standing is outside of CLSI rules: make sure you follow "seated, safe, and
secure" guidelines now)
CARRILLO V. HOUSER - ANSWER Must have "express consent" when
drawing the suspect's blood absent a warrant.
STATE V. QUINN - ANSWER 28-673 does not authorize drawing blood
without probable cause that the driver was under the influence and in the
absence of a warrant.
