Diaz v. Hon. bernini/state/tucson City Prosecutor

JUSTICE PELANDER, opinion of the Court:

¶1 Under Arizona's implied consent statute, a law enforcement officer may obtain a blood or breath sample from a person arrested for driving under the influence ("DUI") only if the arrestee expressly agrees to the test. We today hold that, apart from any constitutional considerations, the statute itself does not require that the arrestee's agreement be voluntary.

I

¶2 On April 2, 2016, Alexis Diaz was arrested and later charged with DUI. After the arrest, the investigating officer read her the following "admin per se" admonition:

Arizona law states that a…