State v. Parker

OPINION

BIRDSALL, Judge.

This appeal is from a conviction of DWI in the Phoenix city court which was affirmed on appeal to the superior court. This appeal is permitted by A.R.S. § 22-375 because the appellant questions the constitutionality of the DWI statute A.R.S. § 28-692(A). And see State v. Renteria, 126 Ariz. 591, 617 P.2d 543 (App.1979).

The appellant’s attack on the constitutionality of the statute is two-fold:

1) it is vague where no chemical test has been obtained, and

2) it does not provide for any culpable mental state and thus violates due process.

We disagree with both propositions…