Barrett v. Thorneycroft

HAYS, Justice.

Appellant Thomas William Barrett refused to take the “breathalyzer” test to determine the alcoholic content of his blood after he was arrested for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The arresting officer notified the Arizona Highway Department, Drivers License Service, of appellant's arrest and refusal to take the breath test. Upon the basis of the affidavit presented by the officer, the State Motor Vehicle Department suspended the driver’s license of appellant for six months pursuant to A.R.S. § 28-691(D). A…