Committee approves bill clarifying expressed consent for blood draws in some DWI cases

Feb 10, 2021

The Senate Judiciary Committee voted to pass House Bill 1184, which aligns state statute with recent court rulings by requiring expressed (not implied) consent for voluntary blood draws when a warrant is not available; members said consent could be obtained at the scene or at a hospital.

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The Senate Judiciary Committee voted to pass House Bill 1184 after Representative Dolby told the panel the measure simply aligns Arkansas law with recent U.S. and Arkansas Supreme Court decisions requiring expressed consent for voluntary blood draws in some DWI contexts. "All this bill is doing is following what the courts have said is that you've got to have expressed consent," Representative Dolby said during the committee hearing.

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