State v. Brita

MOELLER, Justice.

JURISDICTION

In this case the defendant moved to suppress the results of a blood alcohol test performed on a blood sample taken from him. After an extensive evidentiary hearing, the trial court suppressed the test results because the test was not taken in accordance with the implied consent law, A.R.S. § 28-691, or the exception for medical purposes under A.R.S. § 28-692(M). The state appealed.

In a published opinion, the court of appeals agreed with the trial court that the blood extraction violated the implied consent statute and did not fall within the medical purpose…