State v. Kemp

GORDON, Chief Justice.

The State of Arizona (State) petitioned for review of the court of appeals’ decision reversing Bret John Kemp’s (Kemp) conviction for manslaughter and driving while under the influence (DWI) charges. We granted review to determine whether law enforcement officers, when obtaining a blood sample pursuant to A.R.S. § 28-692(M), 1 must advise the suspect of his right to obtain a portion of the same sample. We ordered supplemental briefing on whether a legitimate distinction may be drawn between blood testing and breath testing so that the due process standards established by…