- Associated Press - Thursday, September 11, 2014

PHOENIX (AP) - A court ruling says Arizona prosecutors can’t use the results of warrantless blood-alcohol tests as evidence against people who are threatened with arrest when they refuse to go to a hospital.

The state Court of Appeals on Thursday overturned a woman’s convictions and ordered that she be given a new trial in a drunken-driving case in Yavapai County.

Vi Ann Spencer refused to go to a hospital after her vehicle hit a guardrail, but she ultimately went when a sheriff’s deputy said she’d be arrested otherwise.

A test found Spencer’s blood-alcohol level exceeded the legal limit.

The Court of Appeals said the test results couldn’t be used as evidence because there was no warrant and because Spencer didn’t voluntarily consent to the treatment that led to the blood draw.

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