Refusing a Chemical Test Warrants - State v Allen

The basic facts of this case really don't have an impact on why this case is important for your review. The real issue here is that the Refusing a Chemical Test statute in 41-6a-520.1 requires that warrant issued to "draw and test" the blood. The warrant in this case only said to "draw" the blood. Defendant argued that the element requiring a warrant issue to draw and test the blood was not proven beyond a reasonable doubt, and the Court of Appeals agreed. 

This feels like it would be a big deal. However, a couple years ago this issue was brought to our attention and the template for DUI blood draws that all officers are using was updated to include "draw and test." 
This was a 2022 case that happened before the template was updated. There still may be older cases floating around and if this comes up, you'll want to look closely at the language in the warrant itself. The statute's plain language is clear, the warrant must be to "draw and test" the blood. 

You may review the full opinion here: State v. Allen