Diaz v. Van Wie

SWANN, Judge:

¶ 1 Oswaldo Diaz, Jr., who faces prosecution for aggravated driving under the influence ("DUI"), seeks special-action relief from the superior court's refusal to suppress blood evidence obtained under A.R.S. § 28-1388(E) 's "medical-draw exception" to the Fourth Amendment's warrant requirement.

¶ 2 We accept jurisdiction and grant relief. Our supreme court's additions to § 28-1388(E) 's express requirements make clear that the medical-draw exception for seizure of blood samples requires a showing of exigent circumstances. And it is well-established that this showing must…