Van Herreweghe v. Burke

OPINION

LANKFORD, Judge.

¶ 1 In this special action, Petitioner challenges the superior court’s denial of his motion to dismiss or to suppress breath analysis results.1 He contends that the State’s failure to grant his immediate release following his arrest for a felony driving under the influence (“DUI”) charge violated his due process right to gather exculpatory evidence. We *389hold that the bail schedule statute, Ariz.Rev. Stat. (“A.R.S.”) § 22-424 (Supp.2000), does not violate Petitioner’s due process rights by-omitting felony DUI from those offenses for which release can be secured by posting…