State v. Brito

OPINION

VOSS, Judge.

In this case we hold that a defendant charged with aggravated driving while under the influence of intoxicating liquor or drugs (“aggravated DUI”) is not entitled to a bifurcated trial; and that a driver does not have an unfettered right to refuse to submit to a test to determine his blood-alcohol concentration upon request by a law enforcement officer.

FACTS AND PROCEDURAL HISTORY

On November 10, 1993, Phoenix Police Officer Charles Leist, Jr. noticed a red Chevy pickup spinning its wheels on the wet pavement. The pickup stopped at an intersection for a red light, and when…