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STATE v. SPENCER

No. 1 CA-CR 13-0804.

333 P.3d 823 (2014)

STATE of Arizona, Appellee, v. Vi Ann SPENCER, Appellant.

Court of Appeals of Arizona, Division 1.

September 11, 2014.

Attorney(s) appearing for the Case

Arizona Attorney General's Office by Terry M. Crist, Phoenix, Counsel for Appellee.

Craig Williams, Attorney at Law, P.L.L.C., by Craig Williams, Prescott Valley, Counsel for Appellant.

Judge MARGARET H. DOWNIE delivered the opinion of the Court, in which Presiding Judge SAMUEL A. THUMMA and Judge MAURICE PORTLEY joined.

OPINION

DOWNIE, Judge.

¶ 1 Vi Ann Spencer appeals her convictions for aggravated driving under the influence ("DUI"). She contends evidence about her blood alcohol concentration ("BAC"), obtained from a medical blood draw, should have been suppressed. We agree because Spencer did not voluntarily consent to the treatment that led to the blood draw. We therefore vacate Spencer's convictions and remand for a new trial that does not include evidence derived...

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