PLB109 Forensic Phlebotomy UPDATED
ACTUAL Exam Questions and CORRECT
Answers
ARS 28-1388 - CORRECT ANSWER - "Only a physician, a registered nurse or another
qualified person may withdraw blood for the purpose of determining 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 - CORRECT ANSWER - Admin Per Se/Implied Consent
ARS 28-1390 - CORRECT ANSWER - LEO can a report request a print out 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) - CORRECT ANSWER - Per Schmerber V.
California, requirements for a blood draw to be considered reasonable are:
Officer must believe exigent circumstances exist
Officer needs probable cause.
Procedures must be reasonable.
STATE V. MAY (2005) - CORRECT 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 - CORRECT ANSWER - Must have "express consent" when
drawing the suspect's blood absent a warrant.
ACTUAL Exam Questions and CORRECT
Answers
ARS 28-1388 - CORRECT ANSWER - "Only a physician, a registered nurse or another
qualified person may withdraw blood for the purpose of determining 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 - CORRECT ANSWER - Admin Per Se/Implied Consent
ARS 28-1390 - CORRECT ANSWER - LEO can a report request a print out 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) - CORRECT ANSWER - Per Schmerber V.
California, requirements for a blood draw to be considered reasonable are:
Officer must believe exigent circumstances exist
Officer needs probable cause.
Procedures must be reasonable.
STATE V. MAY (2005) - CORRECT 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 - CORRECT ANSWER - Must have "express consent" when
drawing the suspect's blood absent a warrant.
