The issue of implied consent has been a hot topic in courts across the United States since the Supreme Court decided Birchfield v. North Dakota, which allowed warrantless breath tests to be conducted (but disallowed warrantless blood tests). In its most recent Arizona DUI opinion, the Arizona Supreme Court discussed whether Arizona’s implied-consent statute requires that an arrestee’s consent to test be voluntary. The court held that there is no voluntariness requirement.
The Facts of the Case
According to the court’s opinion, the defendant was stopped for suspicion of driving under the influence. The police officer who stopped the defendant read her the standard warnings, stating:
Arizona law states that a person who operates a motor vehicle at any time in this state gives consent to a test or tests of blood, breath, urine … If you refuse, or do not expressly agree to submit to, or do not successfully complete the tests, your Arizona driving privilege will be suspended. … Will you submit to the tests?