STATE v. ROWLAND

No. 2 CA-CR 91-0436.

172 Ariz. 182 (1992)

836 P.2d 395

The STATE of Arizona, Appellant, v. Thomas John ROWLAND, Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied March 4, 1992.

Review Denied September 22, 1992.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Catherine M. Shovlin, Tucson, for appellant.

Joseph P.St. Louis, Tucson, for appellee.


OPINION

HOWARD, Judge.

In this case, the trial court determined that defendant Thomas John Rowland was not under arrest at the time his blood was drawn in order to be tested for alcohol content. Accordingly, the trial court granted Rowland's motion to suppress the blood alcohol content (BAC) test results because of an implied consent statute in effect at the time of the test. We disagree with the trial court and vacate its order to suppress the BAC.

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