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State v. Reyes

Court of Appeals of Arizona, Second Division

December 24, 2015

THE STATE OF ARIZONA, Appellee,
v.
DANIEL ALBERTO REYES, Appellant

Appeal from the Superior Court in Pima County. No. CR20121582001. The Honorable Richard S. Fields, Judge.

AFFIRMED.

For Appellee: Terry M. Crist, III, Assistant Attorney General, Phoenix, Mark Brnovich, Arizona Attorney General, Joseph T. Maziarz, Section Chief Counsel, Phoenix.

For Appellant: Katherine A. Estavillo, Assistant Public Defender, Tucson, Steven R. Sonenberg, Pima County Public. Defender.

Judge Miller authored the opinion of the Court, in which Presiding Judge Vásquez and Chief Judge Eckerstrom concurred.

OPINION

MILLER, Judge

[¶1] Daniel Reyes was convicted after a jury trial of multiple counts of aggravated driving under the influence of an intoxicant (DUI), criminal damage, and fleeing a law enforcement vehicle. He was sentenced to concurrent and consecutive terms totaling eighteen years' imprisonment. On appeal, he argues the results of alcohol testing of blood drawn

Page 1135

while he was receiving medical treatment should have been suppressed because there were no exigent circumstances justifying the warrantless blood draw, and the officer could not rely in good faith on binding precedent in seeking the blood draw. For the following reasons, we affirm.

Facts From Suppression Hearing

[¶2] In reviewing a motion to suppress, we consider only the evidence presented at the suppression hearing, viewing it in the light most favorable to sustaining the trial court's ruling. State v. Gonzalez, 235 Ariz. 212, ¶ 2, 330 P.3d 969, 970 (App. 2014). In April 2012, Tucson Police officer Marquis responded to a call that a car had fled from an officer and crashed into a building. The driver, Reyes, was taken to the hospital for treatment of non-life-threatening injuries. Marquis met Reyes at the hospital and observed that he had watery, bloodshot eyes, a flushed face, slurred speech, and the odor of alcohol on his breath. Marquis also attempted to perform a horizontal gaze nystagmus test on him, but Reyes stopped before it was completed. Reyes also declined the officer's request to submit to a preliminary breath test.

[¶3] Marquis advised Reyes of his rights pursuant to Miranda [1] informed him he was under arrest, and read the " Admin Per Se" [2] admonition. Reyes then asked to speak to his attorney, and he did so shortly thereafter. Marquis again asked Reyes to consent to the blood draw, but Reyes declined. The hospital nurses, however, subsequently drew blood for medical purposes. Marquis provided a nurse two vials to obtain a portion of the medical draw. At the suppression hearing, Marquis testified he did not seek a telephonic search warrant because he knew he could obtain a sample from the medical draw, but acknowledged there was sufficient time to have requested a warrant.

[¶4] The trial court denied the motion to suppress and at trial the court admitted the results of the blood analysis, which showed a blood alcohol content of .195. We have jurisdiction ...


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