White v. State

OPINION

JACOBSON, Chief Judge.

In both of these cases, individuals were arrested for driving under the influence of intoxicating liquor and were advised that failure to submit to an intoxication test would result in the suspension of their respective licenses under the implied consent statute, A.R.S. § 28-691(B). Both refused to submit to the test. However, neither was advised that he or she had a right to have a second sample of the test taken and preserved in accordance with the Supreme Court’s decision in Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979).

The question presented in these…