STATE v. BRITO

No. 1 CA-CR 93-0637.

183 Ariz. 535 (1995)

905 P.2d 544

STATE of Arizona, Appellee, v. Ernest Hernandez BRITO, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied November 21, 1995.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div. Appeals Section, and Randall M. Howe, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Brent E. Graham, Deputy Public Defender, Phoenix, for appellant.


OPINION

VOSS, Judge.

In this case we hold that a defendant charged with aggravated driving while under the influence of intoxicating liquor or drugs ("aggravated DUI") is not entitled to a bifurcated trial; and that a driver does not have an unfettered right to refuse to submit to a test to determine his blood-alcohol concentration upon request by a law enforcement officer.

FACTS AND PROCEDURAL HISTORY

On November 10,...

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