REFUSAL TO TAKE BREATH TEST

Arizona law provides that any person who operates a motor vehicle within this
state gives consent to a test of their breath, blood or urine for the purpose of
determining the alcoholic or drug content of their blood. The law provides that
the law enforcement agency shall choose the test to be administered. Whether
or not the defendant refused to take such a test is an issue of fact to be determined
by you.

Under Arizona law, if a person arrested for Driving Under the Influence refuses
to submit to the test designated by a law enforcement officer, the officer may
then seek the issuance of a search warrant by telephone. This search warrant can
then be used to obtain a sample of the person's blood or urine to determine the
presence and percentage of alcohol, drugs or toxic substances, or a combination
of the above within that bodily substance.

If you decide that the defendant did in fact refuse to take a test offered by the law
enforcement agency, or that the law enforcement officer failed to seek the issuance
of a search warrant, you may consider such evidence together with all of the other
evidence in the case.