Sherrill v. Arizona Department of Transportation

OPINION

GRANT, Chief Judge.

In this appeal, we decide what constitutes successful completion of a breathalyzer test.

FACTS

Nancy Jane Sherrill was arrested January 29, 1988, for driving while intoxicated. A police officer took her to the Scottsdale Police Department and requested that she submit to a breathalyzer test. She agreed to do so and also admitted that she had been drinking.

Sherrill took the breathalyzer test twice. On the first occasion, she failed to blow hard enough into the breathalyzer machine to give a sufficient sample; the machine indicated it had received a “deficient sample”…