State v. Don Jacob Havatone

PELANDER, V.C.J.,

joined by BRUTINEL, J., concurring in part and dissenting in part.

¶ 38 For almost fifty years, Arizona’s “implied consent” law has specifically and expressly allowed law enforcement to obtain for testing a blood sample of a DUI suspect who is unconscious. A.R.S. § 28-1321(0); see former A.R.S. § 28-691(0) (1969 Ariz. Sess. Laws ch. 41, § 1). Pursuant to that statutory authority, when the events in this case occurred in September 2012, police officers (and for that matter a conscientious police department or its legal counsel) would have reasonably believed that they could…