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CARRILLO v. HOUSER

No. 1 CA-SA 09-0042.

214 P.3d 444 (2009)

Jose CARRILLO, Petitioner, v. The Honorable Robert HOUSER, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Phoenix City Prosecutor's Office, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department D.

September 1, 2009.

Attorney(s) appearing for the Case

Law Office of Nicole Farnum By Nicole T. Farnum, Tempe, Attorneys for Petitioner.

Aaron J. Carreon-Ainsa, Phoenix City Prosecutor By Gary L. Shupe, Assistant City Prosecutor, Phoenix, Attorneys for Real Party in Interest.

OPINION

SWANN, Judge.

¶ 1 Arizona's Implied Consent Law, A.R.S. § 28-1321, requires the state to obtain a warrant before drawing a blood sample from a DUI suspect unless the suspect "expressly agree[s]" to submit to the blood test. A.R.S. § 28-1321(B), (D) (Supp.2005). We hold that the "express agreement" required by the statute must be affirmatively and unequivocally manifested by words or conduct, and may not be inferred from a suspect's...

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