STATE of Arizona, Petitioner,
v.
Hon. Bernardo P. VELASCO, Judge of Superior Court, In and For the County of Pima, State of Arizona, Respondent, and Edward Anthony ALDAY, Real Party in Interest.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
September 19, 1990.
Reconsideration Denied November 14, 1990.
Attorney(s) appearing for the Case
Stephen D. Neely, Pima County Atty. by Jill Thorpe, Tucson, for petitioner.
Barbara C. Sattler, Tucson, for real party in interest.
Michael J. Bloom, P.C. by Michael J. Bloom and Stephen Paul Barnard, P.C. by Stephen Paul Barnard, Tucson, for amicus curiae Arizona Attys. for Crim. Justice.
Lowell D. Hamilton, Mesa City Prosecutor by Kevin R. Hays, Mesa, amicus curiae.
Roderick G. McDougall, Phoenix City Atty. by L. Michael Hamblin, Phoenix, for amicus curiae Phoenix City Prosecutor.
Supreme Court of Arizona, En Banc.
OPINION
FELDMAN, Vice Chief Justice.
We accepted jurisdiction of this special action1 to examine the requirements of due process in connection with scientific testing of breath to determine blood alcohol concentration (BAC) of those arrested for driving under the influence (DUI). The specific crime we consider is a violation of A.R.S. § 28-692(B), which forbids driving with a BAC of .10 percent or higher. The state asks us...
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