State v. Okken

*568OPINION

SWANN, Judge:

¶ 1 Duane E. Okken (“Defendant”) appeals from the superior court’s order affirming his city court conviction for driving under the influence (“DUI”). Defendant’s conviction was based on the results of blood tests to which he consented after being informed of the administrative penalties for refusal prescribed by Arizona’s “implied consent” statute, A.R.S. § 28-1321. Defendant now challenges the facial constitutionality of § 28-1321, arguing that it is invalid under the United States Supreme Court’s decision in Missouri v. McNeely, — U.S. -, 133 S.Ct. 1552, 185 L.Ed.2d 696…