Carrillo v. Houser

OPINION

SWANN, Judge.

¶ 1 Arizona’s Implied Consent Law, A.R.S. § 28-1321, requires the state to obtain a warrant before drawing a blood sample from a DUI suspect unless the suspect “expressly agree[s]” to submit to the blood test. A.R.S. § 28-1321(B), (D) (Supp.2005). We hold that the “express agreement” required by the statute must be affirmatively and unequivocally manifested by words or conduct, and may not be inferred from a suspect’s mere failure to communicate clear objection to the test.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 On December 31, 2006, Carrillo was arrested for (1) DUI, (2)…