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State v. Gaffney2/24/2000
VACATED
The state appeals from the trial court's order granting appellee Michael Gaffney's motion to suppress his blood and urine test results obtained after he was arrested for driving while under the influence of an intoxicant (DUI). We have jurisdiction pursuant to A.R.S. § 13-4032(G). Finding that the trial court erred in granting the motion, we vacate its order.
Facts and Procedural History
We view the following facts adduced at the suppression hearing in the light most favorable to sustaining the trial court's ruling. State v. Moore, 183 Ariz. 183, 901 P.2d 1213 (App. 1995). In the early evening of March 21, 1998, Gaffney and his wife were riding on a motorcycle when Gaffney collided with a pickup truck at an intersection. Later that evening, City of Snowflake Police Officer Hill met Gaffney at a local hospital to question him about the accident and determine whether he had been drinking alcohol. After Gaffney stated he had drunk some beer earlier in the evening, Hill performed a horizontal gaze nystagmus (HGN) test and observed three cues of impairment. Based on this information and an investigating officers' belief that Gaffney had caused the accident by running a red light, Hill arrested him for DUI.
At Hill's request, Gaffney agreed to have his blood drawn at the hospital. Later, at the police station, Gaffney also agreed to and did provide a urine sample. Hill testified it is his department's policy that, when officers ask individuals to provide breath, blood, or urine samples pursuant to the implied consent statute, A.R.S. § 28-1321, they read a standard "admin per se implied consent affidavit," which explains, pursuant to the statute, the consequences to suspects both of their refusal to submit to the officers' chosen test or tests and of a determination that their blood alcohol concentration (BAC) is over the legal limit. Hill conceded, however, that he had not read the form to Gaffney or otherwise explained to him the consequences of his decision whether to provide the requested blood sample before Gaffney provided it and could not remember if he had done so before Gaffney provided the urine sample.
The blood test showed Gaffney had a BAC of .134, and the urine test showed the presence of a marijuana metabolite. The state charged Gaffney with three counts of DUI, two counts of endangerment, and one count each of aggravated assault and use of marijuana. Gaffney moved to suppress the test results, arguing, inter alia, that the state had "failed to comply with the requirements of the Implied Consent Statute . . . by failing to advise of the consequences of submitting to or refusing the blood and urine tests prior to submitting to them." After a hearing, the trial court found that Gaffney had "not been advised of the requirements to give a blood or breath sample prior to doing so, nor [had he been] told the consequences for refusal, or for failing the tests," concluding that Hill had violated § 28-1321. Accordingly, the court suppressed the test results on this ground, stating it was not necessary to consider Gaffney's other argument that the police had lacked probable cause to arrest him for DUI. The court granted the state's subsequent motion to dismiss the charges without prejudice, and this appeal followed.
Discussion
The state contends the trial court erred in ruling that § 28-1321 required Hill to inform Gaffney of the consequences of his decision whether to submit to tests of his blood and urine before he submitted to the tests, arguing that these admonitions were required only if Gaffney refused to take the tests. And, it argues, because Gaffney agreed upon request to take the tests, H
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