Oshrin V. Coulter

The petitioner, Eric Kurt Oshrin, was charged with violating A.R.S. § 28-692(A), driving a motor vehicle while under the influence of intoxicating liquor (DWI), and A.R.S. § 28-692(B), driving a vehicle while there was 0.10 per cent or more by weight of alcohol in his blood. The charges were felony charges pursuant to A.R.S. § 28-692.02 because the petitioner was driving with a suspended license. The petitioner moved to dismiss based upon the alleged inadmissibility of evidence of a breath test taken pursuant to A.R.S. § 28-692.03, but the respondent judge denied the motion. The petitioner brought this special action from that denial. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and Rule 8, Arizona Rules for Special Actions, 17A A.R.S.