Tyers v. Arizona Department of Transportation

MEMORANDUM DECISION

EUBANK, Presiding Judge.

This is an appeal from the judgment affirming the suspension of appellant’s driver’s license pursuant to A.R.S. § 28-694.

In April 1988 appellant was stopped by a police officer who had observed appellant’s erratic driving. The officer detected the odor of intoxicants on appellant's breath and thereafter performed a number of field sobriety tests. Appellant’s performance was not satisfactory so he was arrested for driving under the influence. He was taken to jail, informed of the implied consent law and agreed to take the breath test.

After the…