Alexis Marie Diaz, Petitioner v. Hon. Deborah Bernini, Judge of the Superior Court of the State of Arizona, in And…

Summary

The court held that Arizona's implied-consent statute requires a DUI arrestee to expressly agree to breath testing but does not require that agreement to be voluntary. Because Diaz expressly agreed to and completed the breath test, the statute did not require suppression, and the court affirmed the superior court's reversal of the municipal court's suppression order while vacating the court of appeals' opinion. The court did not decide Diaz's unresolved challenges concerning the admonition, the good-faith exception, or constitutional issues beyond those necessary to resolve the statutory question.