2/5/16 Court of Appeals says Arizona’s DUI Implied Consent law does not unconstitutionally force a DUI arrestee to consent to chemical tests.
The defendant in the case contended that the law’s sanction, namely, loss of license for at least one year if he did not voluntarily consent to the chemical test, forced him to agree to the test. The court said, “We recognize, of course, that the choice to submit or refuse to take a blood-alcohol test will not be an easy or pleasant one for a suspect to make. But the criminal process often requires suspects and defendants to make difficult choices,” and the Implied Consent Law could constitutionally require an arrested person to make that choice.
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2015/1CA-CR15-0196.pdf
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