from the Superior Court in Pima County The Honorable Richard
D. Nichols, Judge No. CR20161614-001 AFFIRMED
of the Court of Appeals, Division Two 244 Ariz. 471 (App.
Feinman, Pima County Public Defender, David J. Euchner
(argued), Michael J. Miller, Pima County Public
Defender's Office, Tucson, Attorneys for Alfonso De Anda,
Brnovich, Arizona Attorney General, Dominic E. Draye,
Solicitor General, Joseph T. Maziarz, Chief Counsel, Criminal
Appeals Section, Tanja K. Kelly (argued), Assistant Attorney
General, Phoenix, Attorneys for State of Arizona
JUSTICE BALES authored the opinion of the Court, in which
VICE CHIEF JUSTICE BRUTINEL and JUSTICES PELANDER, TIMMER,
BOLICK, GOULD, and LOPEZ joined.
Alfonso De Anda III submitted to a blood test after he was
arrested for driving under the influence. He argues his
consent was involuntary under the Fourth Amendment to the
United States Constitution because, before he was asked if he
would submit to the test, the police officer told him his
driving privileges would be suspended if he refused. We
disagree. Unlike the officer in State v. Valenzuela,
239 Ariz. 299 (2016) ("Valenzuela II"),
the officer here did not tell De Anda he was required to
submit to the test, and the officer's identifying the
consequences of refusal before asking whether he would submit
to the testing did not in itself render De Anda's consent
involuntary. The trial court did not err in denying his
motion to suppress the test results.
A few weeks before the opinion in Valenzuela II
issued, De Anda was stopped by police while driving and
arrested because he showed signs of impairment. At the scene
of the arrest, a police officer read De Anda an "admin
per se form" 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.
you submit to the tests?
the officer finished reading the form, De Anda agreed to
submit to a test, and the officer performed a blood draw. A
test of the blood revealed an alcohol concentration of 0.142.
De Anda was charged with two counts each of aggravated
driving under the influence ...