DUI Blood Tests in Arizona: Who Draws It, Your Own Sample, and Hospital Blood

By Joe Styler, Editor, not an attorney · Sources checked October 24, 2026

Short answer: a DUI blood test in Arizona is governed mainly by A.R.S. §§ 28-1321 and 28-1388. Blood may be drawn only by a physician, a registered nurse or another qualified person. You have the right to a reasonable opportunity to arrange your own additional test. If you refuse the test the officer chooses, blood is not drawn without a warrant or another legal basis. And if a hospital draws blood for treatment, a portion can be handed to police on request when there is probable cause for a DUI.

Blood results feel final. A printout with a number on it looks like the end of the argument. It is closer to the start of one, because the number is only as good as each step that produced it: the draw, the tube, the storage, the analysis and the timing. This page walks through those steps in the order they happen and shows where Arizona law sets the rules.

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Step 1: why blood instead of breath

Under Arizona’s implied consent law, A.R.S. § 28-1321(A), the agency chooses which test to request: blood, breath, urine or another bodily substance. Blood can show drugs and drug metabolites as well as alcohol, which is why it comes up in marijuana and prescription cases. Arizona’s DUI statute, § 28-1381(A)(3), makes it an offense to drive with any listed drug or its metabolite in your body, with a defense for a drug used as prescribed by a licensed prescriber under § 28-1381(D). Our pages on marijuana DUI and prescription drug DUI cover how those charges work.

Step 2: consent, refusal and warrants

When you are asked to take the test, three paths open up:

• You agree. The draw goes ahead under implied consent.
• You refuse. Under § 28-1321(D)(1), the test is not given unless § 28-1388(E) applies or the officer gets a search warrant. Refusing triggers its own license suspension; see our page on refusing a breath or blood test.
• You cannot answer. A person who is dead, unconscious or otherwise unable to refuse is treated as not having withdrawn consent under § 28-1321(C), and the test may be given. That is still the statute’s text, but in State v. Havatone (2017) the Arizona Supreme Court held it unconstitutional as applied to a warrantless draw from an unconscious driver without exigent circumstances. In practice, police need a warrant or case-specific exigent circumstances.

Whether a warrant was obtained, who signed it and when, and whether the draw happened within its terms are all questions a lawyer will ask. Write down whatever you remember about a warrant being mentioned.

Step 3: who draws the blood

Section 28-1388(A) says only a physician, a registered nurse or another qualified person may withdraw blood to test alcohol concentration or drug content. The same subsection adds that the drawer’s qualifications and the method used are not foundational prerequisites for admitting the result. In plain terms, the prosecutor does not have to prove the drawer’s training before the number comes in. That does not make the draw beyond question; it moves the argument to how much weight the result deserves.

Step 4: timing

The per se alcohol offense in § 28-1381(A)(2) is defined by your alcohol concentration within two hours of driving. A draw that happens later than that has to be connected back to the time of driving through other evidence. If you were taken to a hospital, held at a scene for a long time, or waited for a warrant, the clock times matter. Write down every time you can reconstruct: the stop, the arrest, the arrival at the station or hospital, and the draw.

Step 5: your own test

Section 28-1388(C) gives the person tested a reasonable opportunity to arrange for a physician, registered nurse or other qualified person of their own choosing to give an additional test. Two points follow from the text:

1. The right is to a reasonable opportunity. If you asked and were cut off, or were not told you could, that is worth raising.
2. Not getting an additional test does not keep the officer’s test out of evidence. The statute says so directly.

For breath tests, § 28-1388(B) says the officer does not have to preserve a breath sample if duplicate breath tests were given and you had that reasonable opportunity for your own test.

Step 6: blood drawn at the hospital

This is the rule that surprises people. Under § 28-1388(E), if an officer has probable cause to believe you violated § 28-1381, and a sample of blood, urine or another substance was taken from you for any reason, a portion of that sample sufficient for analysis must be provided to law enforcement on request. Failing to comply is a class 1 misdemeanor for the person who holds the sample. Medical staff who collect samples at an officer’s request are protected from civil liability under § 28-1388(F) unless they act with gross negligence.

Arizona courts have added conditions before police can use a hospital sample without a warrant. As summarized from State v. Nissley (2017): there must be probable cause of DUI, exigent circumstances that made getting a warrant impractical, blood drawn by medical personnel for a medical reason, and medical care that did not violate the patient’s right to direct their own treatment. A draw requested by an officer is not a medical draw. So blood drawn in the emergency room after a crash can become evidence in the DUI case, but how and why it was drawn matters. If you were hurt, our page on a DUI crash with injuries explains the other charges that can follow.

What to gather

• Every document from the arrest, including any form describing the test, any warrant paperwork, and the property receipt.
• Your timeline with clock times for the stop, arrest, transport and draw.
• The names or titles of anyone who drew blood, if you saw a badge.
• A note of whether you asked for your own test and what you were told.
• Your prescription list, with prescriber names, if a drug charge is possible.
• Hospital discharge papers if you were treated.
• The MVD notice, with its date circled. Our page on the MVD hearing covers what to do with it.

Frequently asked questions

Who can draw blood for a DUI test in Arizona?

Under A.R.S. 28-1388, only a physician, a registered nurse or another qualified person may draw blood for a DUI test. The drawer’s qualifications are not a precondition for admitting the result, but they can still be challenged.

Can I get my own blood test after a DUI arrest?

Yes. A.R.S. 28-1388 gives you a reasonable opportunity to arrange an additional test by a physician, nurse or other qualified person of your choosing. If you do not get one, the officer’s test can still be used.

Can police use blood the hospital drew for treatment?

Sometimes. A.R.S. 28-1388 requires a portion to be given to law enforcement on request when there is probable cause for a DUI. Arizona courts allow police to use it without a warrant only if medical staff drew it for a medical reason, exigent circumstances existed, and other conditions are met.

Do police need a warrant for a DUI blood draw?

If you refuse the test the officer requests, Arizona law says the test is not given unless another statutory basis applies or the officer gets a search warrant. If you agree, the draw goes ahead under implied consent.

Why does the two-hour window matter?

The 0.08 offense in A.R.S. 28-1381 is measured within two hours of driving. A later draw has to be tied back to the time of driving with other evidence, so the clock times of the stop and the draw matter.

How long do blood results take?

Lab timing varies, and the MVD hearing deadline does not wait for it. Request your MVD hearing within the window on your notice, then deal with the result when it arrives.

Related guides

• Flagstaff DUI lawyer: the full guide
• Refused a breath or blood test
• Marijuana DUI in Arizona
• First-offense DUI in Flagstaff
• Extreme DUI in Arizona

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A blood number is evidence, not a verdict. We’ll connect you with an independent licensed Arizona attorney who handles DUI cases in Coconino County.