Martinez v. Arizona Department of Transportation

OPINION

LIVERMORE, Presiding Judge.

Defendant was involved in an automobile accident and because of the strong odor of alcohol was suspected of DUI. At the hospital a police officer requested that defendant consent to a blood test and explained the consequences of a refusal. Defendant initially refused until he consulted with an attorney but then declined to call an attorney. Blood was then drawn for medical purposes and some of that blood was given to the officer. Defendant then again refused to submit to a blood test. These refusals led to the suspension of his license under AR.S. § 28-691.…