Carrillo v. Houser

OPINION

BALES, Justice.

¶ 1 Under Arizona’s implied consent law, A.R.S. § 28-1321 (Supp.2009), a person arrested for driving under the influence is asked to submit to testing, such as a blood draw, to determine alcohol concentration or drug content. If the arrestee refuses the test — and the statute deems a failure to expressly agree to be a refusal — the arrestee’s license is administratively suspended. We today hold that the statute generally does not authorize law enforcement officers to administer the test without a warrant unless the arrestee expressly agrees to the test.

I

¶ 2 Arizona’s…