Must a search warrant authorize both drawing and testing blood for DUI refusal charges? State v. Allen Explained

The Utah Court of Appeals addressed a critical issue in DUI prosecution in State v. Allen, examining whether a search warrant must explicitly authorize both drawing and testing blood samples to support a conviction for refusal to submit to a chemical test.

Background and Facts

After an eight-minute vehicle pursuit, Allen was arrested and charged with failure to respond to an officer’s signal to stop and refusal to submit to a chemical test. At the police station, Allen refused a blood draw. Officers obtained a search warrant authorizing them to “obtain a body fluid sample in the form of blood,” but Allen continued to refuse even after being informed of the warrant. The State charged Allen under Utah Code § 41-6a-520(7), which criminalizes refusing a chemical test “after a court has issued a warrant to draw and test the blood.”

Key Legal Issues

Allen filed a motion to arrest judgment on the refusal charge, arguing that because the search warrant authorized only “obtaining” blood but not “testing” it, the State failed to prove the statutory elements. Allen also challenged the denial of his request for a lesser-included-offense instruction on the failure to respond charge and claimed ineffective assistance of counsel.

Court’s Analysis and Holding

The court applied principles of statutory interpretation, emphasizing that “the best evidence of legislative intent is the plain language of the statute itself.” The court noted that while the refusal statute uses “test” numerous times, only in the elements section does it specify “draw and test.” The legislature’s choice to use both terms was presumed to be deliberate. The court rejected the State’s argument that “test” implicitly includes “draw,” finding that the particularity requirement for search warrants demands explicit authorization for each type of search.

Practice Implications

This decision requires prosecutors and law enforcement to ensure search warrants explicitly authorize both drawing and testing blood samples when pursuing refusal charges. The court’s strict interpretation of warrant language reinforces Fourth Amendment protections while creating a clear roadmap for proper warrant applications in DUI cases. Defense attorneys should carefully review warrant language in refusal cases to identify potential challenges to the sufficiency of evidence.