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CARRILLO v. HOUSER

No. CV-09-0285-PR.

232 P.3d 1245 (2010)

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.

Supreme Court of Arizona, En Banc.

June 7, 2010.

Attorney(s) appearing for the Case

Law Office of Nicole Farnum by Nicole T. Farnum, Tempe, Attorney for Jose Carrillo.

Aarón J. Carreón-Aínsa, Phoenix City Prosecutor by Gary L. Shupe, Assistant City Prosecutor, Phoenix, Attorneys for Phoenix City Prosecutor's Office.

Law Office of Stephen Paul Barnard, P.C. by Stephen Paul Barnard and The Law Firm of Nesci & St. Louis, P.L.L.C. by Joseph P. St. Louis, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

OPINION

BALES, Justice.

¶ 1 Under Arizona's implied consent law, A.R.S. § 28-1321 (Supp.2009), a person arrested for driving under the influence is asked to submit to testing, such as a blood draw, to determine alcohol concentration or drug content. If the arrestee refuses the test—and the statute deems a failure to expressly agree to be a refusal—the arrestee's license is administratively suspended. We today hold that the statute...

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