Attorney Michelle Behan Argues DUI Case Before Arizona Supreme Court

On February 7, 2019, Attorney Michelle Behan presented arguments before the Arizona Supreme Court in a case involving a DUI arrest. In the case of Diaz v. Hon. Bernini, et al., Ms. Behan argued on behalf of a woman arrested and charged with driving under the influence (DUI) in Tuscon.

This case involved the question of whether requests by police officers to perform testing of a driver’s blood alcohol concentration (BAC) following a DUI arrest constitutes coercion. The defendant in this case, Ms. Diaz, had been arrested for DUI and was read an admonition by officers stating that drivers who operate a motor vehicle in Arizona give implied consent for BAC testing, and refusal to submit to testing will result in the suspension of a driver’s Arizona driving privileges. While Ms. Diaz agreed to testing, she argued at trial that her consent was not voluntary and asked to have the results of the test suppressed.

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