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STATE v. HAVATONE

No. CR-15-0387-PR.

389 P.3d 1251 (2017)

STATE of Arizona, Appellee, v. Don Jacob HAVATONE, Appellant.

Supreme Court of Arizona.

Filed March 9, 2017.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Terry M. Crist, III (argued), Assistant Attorney General Criminal Appeals, Phoenix, Attorneys for State of Arizona

David Goldberg (argued), David Goldberg Attorney at Law, Fort Collins, CO, Attorney for Don Jacob Havatone

JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICE TIMMER joined. VICE CHIEF JUSTICE PELANDER, joined by JUSTICE BRUTINEL, concurred in part and dissented in part.

¶ 1 This case considers the constitutionality of A.R.S. § 28-1321(C), the "unconscious clause," which allows law enforcement officials to make or direct nonconsensual blood draws from unconscious DUI suspects. We hold that the provision is unconstitutional as applied to the facts of this case.

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