Noland v. State, Dept. of Transp.

ALLEN G. MINKER, Judge.

In Gaunt v. Motor Vehicle Div., Dept. of Transp., 136 Ariz. 424, 666 P.2d 524 (App.1983), this court held that a motorist who first refused a blood alcohol test but subsequently requested to take the test might avoid license suspension under Arizona’s implied consent statute, A.R.S. § 28-691. The Gaunt court held that a first refusal could be recanted if the motorist was still in custody when he requested to take the test and (1) it would not result in substantial inconvenience or expense to the police; (2) the testing equipment was readily available; and (3) the test…