State v. SUPERIOR COURT, IN & FOR PIMA C.

CAMERON, Justice.

I

Defendant, Michael J. Ahrens, was convicted in the municipal court of the city of Tucson of driving while under the influence of intoxicating liquor. The superior court of Pima County, Hon. Bernardo P. Velasco, granted defendant’s motion to reverse and the state brought a petition for special action to this court. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and Ariz.R.Sp.Act. 8, 17A A.R.S.

II

We consider only one question:

May the defendant’s refusal to take a blood alcohol test pursuant to the Arizona implied consent statute be used as evidence against him in…