from the Superior Court in Pima County No. CR20161614001 The
Honorable Richard D. Nichols, Judge
Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief
Counsel By Tanja K. Kelly, Assistant Attorney General, Tucson
Counsel for Appellee
Feinman, Pima County Public Defender By Michael J. Miller,
Assistant Public Defender, Tucson Counsel for Appellant
Eppich authored the opinion of the Court, in which Presiding
Judge Vásquez and Judge Espinosa concurred.
Alfonso De Anda III, appeals his convictions and sentences
for two counts each of aggravated driving under the influence
and aggravated driving with a blood alcohol concentration of
.08 or more. He argues the trial court should have suppressed
the results of a test of his blood. Because we find no error, we
and Procedural Background
We review the evidence presented at the suppression hearing
"in the light most favorable to sustaining the
court's ruling, deferring to the court's
determination of facts and witness credibility but reviewing
de novo its legal conclusions." State v.
Waller, 235 Ariz. 479, ¶ 5 (App. 2014) (citation
omitted). After a Tucson police officer stopped De Anda while
he was driving, De Anda exhibited signs of alcohol impairment
and was arrested. Pursuant to Arizona's implied-consent
statute, A.R.S. § 28-1321, another officer advised De
Anda as follows:
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 or other bodily substance for the
purpose of determining alcohol concentration or drug content.
The law enforcement officer is authorized to request more
than one test and may choose the types of tests.
If the test results are not available, or indicate an alcohol
concentration of 0.08 or above (0.04 or above in a commercial
vehicle, ) or indicate any drug defined in ARS 13-3401 or its
metabolite without a valid prescription, then your Arizona
driving privilege will be suspended for not less than 90
If you refuse, do not expressly agree to submit to, or do not
successfully complete the tests, your Arizona driving
privilege will be suspended. The suspension will be requested
for 12 months, or for two years if you've had a prior
implied-consent refusal within the last 84 months.
Will you submit to the tests?
agreed, and the officer drew his blood and submitted it for
forensic analysis. De Anda was subsequently charged with the
four counts described above.
Before trial, De Anda filed a motion to suppress all evidence
obtained from the blood test, contending that his consent to
submit to the test had been coerced by the officer's
advisement. Specifically, he argued the officer should have
given him the option to submit or refuse testing prior to
explaining the penalties associated with refusal. After a
hearing, the trial court denied his motion and the results of
the blood test were admitted at trial. De Anda was convicted
of all four counts and sentenced to concurrent terms of
imprisonment, the longest of which is four months, ...