Jose Carrillo, Petitioner v. the Honorable Robert Houser, Judge of the Superior Court of the State of Arizona, In…

Summary

The court held that Arizona’s implied-consent statute generally prohibits a warrantless DUI blood draw unless the arrestee expressly agrees to the test. A failure to resist or verbally object does not itself establish express agreement, although agreement may be manifested by unequivocal words or conduct. The court vacated the appellate decision and remanded for a determination whether Carrillo expressly agreed to the blood draw.