 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Juarez4/6/1989
I. JURISDICTION
Timothy Juarez, Jr., petitions this court to review the court of appeals' decision affirming his convictions by a jury of driving under the influence of intoxicating liquor (DUI) (A.R.S. § 28-692(A)) and driving with a blood alcohol content (BAC) of 0.10 percent or more (A.R.S. § 28-692(B)). William M. Elsbury petitioned this court for writ of special action to review his convictions for DUI (A.R.S. § 28-692(A)) and driving with a BAC of 0.10 percent or more (A.R.S. § 28-692(B)). Mark Neil Schoeffler petitioned this court for special action to review his conviction for DUI (A.R.S. § 28-692(A)). We granted Juarez's petition for review, accepted jurisdiction of Elsbury's and Schoeffler's petitions for special action and consolidated the three cases for disposition. We have jurisdiction in Juarez pursuant to Ariz. Const. art. 6, § 5(3), A.R.S. § 12-120.24 and Ariz.R.Crim.P. 31.19, 17 A.R.S. and in Elsbury and Schoeffler pursuant to Ariz. Const. art. 6, § 5(1).
II. QUESTION PRESENTED
We consider only one question: Was it error to inform the driver that following his arrest for DUI he would not be permitted to contact his attorney before deciding whether to submit to a breath test?
III. FACTS
The facts necessary for a determination of this matter on appeal are as follows:
A. Timothy Juarez
On 14 July 1987 just before 7:00 p.m., DPS Officer Matthew Janton arrested Timothy Juarez in Cochise County near the Arizona-New Mexico border. After making arrangements for the removal of Juarez's truck from the road, the two left for Willcox, where the nearest police station with an intoxilyzer machine was located. They arrived about 8:40 p.m., and Janton began the mandatory (A.R.S. § 28-692.03) twenty-minute observation period before administering the intoxilyzer test.
In requesting Juarez's consent to submit to the intoxilyzer test, Officer Janton read to the defendant the following:
Arizona law requires you to submit to a breath test to determine the alcoholic content of your blood. If you refuse to submit to this test, your license or permit to drive will be suspended for twelve months. You are therefore requested to submit to a breath test.
Unless you expressly agree to take the test, I will consider you are refusing. You will not be allowed to call an attorney before deciding if you will take this test. However, after you take the test, you may then telephone an attorney or friend if you choose.
If you decide not to take the test, you will still be allowed to telephone an attorney, but your refusal will still result in suspension of your license or permit to drive for twelve months.
(Emphasis added.) The intoxilyzer test was administered at 9:05 p.m., more than two hours after the arrest, and it showed a BAC of 0.179 percent.
Juarez was charged by indictment with DUI (A.R.S. § 28-692(A)) and driving with a BAC of 0.10 percent or more. (A.R.S. § 28-692(B)). At trial, the parties stipulated that Juarez was driving with a revoked license. A jury found him guilty as charged and the court sentenced him to concurrent, maximum prison terms of four years. The court found Juarez's eight prior DUI convictions and the fact that he consciously posed a risk to others by deciding to drive while intoxicated and without a license to be aggravating circumstances. Additionally, the court noted that pursuant to one of Juare
Page 1 2 3 4 5 6 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|