State v. Stanley

OPINION

BARKER, Judge.

¶ 1 We address in this Opinion several issues of first impression with regard to what is frequently referred to as the implied consent statute, applicable to those operating motor vehicles in Arizona and arrested for driving under the influence. Ariz.Rev.Stat. (“A.R.S.”) § 28-1321 (Supp.2006). Specifically, we consider whether requesting to consult with an attorney constitutes a refusal to take a blood test under the implied consent statute. We also consider whether a search warrant for a blood test may be issued even if the suspect has not refused to take the test. We…