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State v. Nance5/24/1990
convicted of DUI.
Disposition
A.R.S. § 28-694 permits administrative suspension of a driver's license based on a driver's BAC at the time of testing, not at the time of driving. Having accepted jurisdiction of this special action, relief is granted. The temporary stay previously issued is quashed. The superior court judgment is vacated and this matter is remanded with directions to affirm the department's suspension order.
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